This is an appeal under the Letters Patent against the judgment of Rajagopalan J. with his leave dismissing second appeal No. 1958 of 1946.

It arises out of a suit for partition of property which originally belonged to one Hussain Meera, a sunni Mahomedan. On 9th November, 1914 he executed a deed of settlement (Exhibit P-1) in favour of his second wife Nainammal Bibi. The occasion was his proposed marriage to a third wife. The decision of this appeal depends on a construction of the terms of this settlement deed. The material: portions of this deed are as follows:

“I have settled upon you for your maintenance the undermentioned nanja land worth Rs. 2,000. Therefore this is a settlement deed executed (by me) consenting that you should enjoy for your life time the income alone for the said nanja land, that you should not make any gift, sale or hypothecation, etc. of the said land, that if you should hereafter have issue by me, the said issue should enjoy the said land hereditarily, and that if you should not have such issue that said property after your lifetime go to me and to my heirs”. (Santhathi)

Hussain Meera died in 1925. He had no issue by Nainammal, his second wi