Devadoss, J.

1. The main question in this appeal is as to the construction of a clause in a settlement deed, Ex. A, dated 6th August, 1914. The literal translation of the clause is:

My second daughters son, Swaminathan, on his attaining majority shall enjoy with absolute rights enabling him to make gifts, sell, etc., the house, house site, etc., nanja, punja lands mentioned in Schedule B.

2. Swaminathan died before attaining majority and his father had brought this suit for the recovery of the property settled on him inasmuch as he had a vested interest in the property and that he being the heir of his son is entitled to it. The Subordinate Judge held that Swaminathan had acquired a vested interest in the property and decreed the plaintiffs suit. On appeal the learned District Judge held that Swaminathan had only a contingent interest and as he died before he came of age the settlement in his favour did not take effect and dismissed the plaintiffs suit.

3. In construing this clause the tenor of the whole document has to be taken into consideration. In the preamble of the document the following clause occurs:

I have no male heirs. I had two daughters, namely Pachayammal and Puval