Chennai Court January 1916 Judgments

Parakkal Arippayil Kader and ors. Vs. Parakkal Arippayil Pakkremmar an ...

Court: Chennai

Reported in: 33Ind.Cas.988

Coutts Trotter, J.1. The plaintiffs in this case are suing for what they allege to be their share of the moneys due under a mortgage of the 3rd October 1903. That mortgage was made in favour of one Parakkala Arippayil Ammad Kutti and he subsequently made a Will on the 20th September 1906 whereby, among other properties of his, he disposed of his interest as mortgagee to certain persons. The material words are: 'I bequeath to Pakkremmar who is my nephew and to Mammad who is my nephew these properties, so that they may enjoy them after my death'; and I am now giving what we are told is the correct interpretation of the Vernacular. 'On the death of either Pakkremmar or Mammad, his right should be enjoyed then by the remaining members born of his mother.' In fact Mammad died during the lifetime of the testator and the plaintiffs are his mother's children. The plaintiffs' contention is that on its true construction this Will was a gift absolutely to the two persons first named, the 2nd defe...