The main legal point established in the judgment is the validity of a partition agreement between Hindu widows in depriving them of their right to succeed by survivorship and the entitlement of the daughter to claim the benefit of the provision made in her favor as part of a family settlement.

1. The suit out of which the second appeal arises was instituted by one of the widows left by a Hindu Nellakannu Konar for possession of the properties which were in the enjoyment of her co-widow the title alleged being that she became entitled to succeed to the property as survivor on the death of her co-widow. The two widows after the death of their husband effected a partition which is evidenced by Ex. A.

2. The most important question in this case is whether according to the terms of Ex. A, the plaintiff was entitled to possession on the death of Shanmugathamrnal her co widow. The two lower Courts have put different constructions upon the document. Its interpretation is not free from difficulty. But after careful consideration of its terms we have come to the conclusion that the construction put by the District Judge, which is against the plaintiff, is correct. The parties to the agreement were the plaintiff and her co-widow, but there can be no doubt that the daughter of Shanmugathammal named Gomathi was an important object of consideration at the time of the arrangement. There had been disagreement between the widows and according to the document mediators were called in to settle the disputes and the contract embodies the arrangement which was entered into as the result of the mediation. It states "Sudalai Arnmal (that is the plaintiff) among us should enjoy until her lifetime, the immoveable properties mentioned in Schedule I hereof which belong to the family, with the Government tirvai etc., that Shanmugathammal and the child Gomathi among us should enjoy the immoveable properties mentioned in Schedule II hereof with the Government tirvai etc., in the same manner." Although Gomathi is not a party to the agreement this clause expressly provides that Shanmugathammal and Gomathi should enjoy the immoveable properties in Schedule II hereof.

3. Now what was the object of introducing this provision about "Gomathi. Two contentions have been urged by the plaintiffs vakil as accounting for it. One is, that Gomathis name was put in, merely because she would, as a matter of fact have the benefit of property allotted to Shanmugathammal as her daughter. In other words no specific legal effect was intended to be given to the mention of her name.

4. The other contention is, that the object was to indicate that Gomathi was not to have any claim 01 account of her maintenance or the expenses of her marriage as against Sudalai Ammal. This is of course, possible but in that case it is noteworthy that the clause restricting her right is not confined in terms "during the life time of Shanmugathammal. There is also the observation to be made that such a provision against the interest of Gomathi who was not a party to the document would be ineffectual as against her. Still it is possible that the two ladies put it in, in order that Shanmugathammal should be liable for Gomathis maintenance as between themselves that if the object was to restrict Gomathis right it is not likely that the clause would be put in the form it bears. The clause is not restrictive in its terms, but purports to give her a right namely, the right of enjoyment of the properties in schedule II. There is another important clause added after the schedule. It is in these terms : "We both should enjoy respectively the properties mentioned in Schedules I and II aforesaid during our life time, without subjecting them to any encumbrances and after our death, our heir Gomathi, the daughter of Shanmugathammal among us should enjoy with absolute rights."

5. There is clear intention manifested by this clause to confer a benefit on Gomathi, because it provides that Gomathi was to have the properties allotted to the two widows absolutely after their death. This was no doubt clearly more than what the widows could effect by any arrangement between themselves. But none the less it shows their intention that Gomathi should derive the benefit provided under this instrument. We have p