LexC. MASILAMANI MUDALIAR AND ORS. versus THE IDOL OF SRI SWAMINATHASWAMI SWAMINATHASWAMI THIRUKOIL AND ORS.
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A B c C. MASILAMANI MUDALIAR AND ORS. v. THE IDOL OF SRI SWAMINATHASWAMI SWAMINATHASWAMI THIRUKOIL AND ORS. JANUARY 30, 1996 [K. RAMASWAMY, S. SAGHIR AHMAD AND G.B. PATTANAIK, JJ.] Hindu Succession Act, 1956 : Sections 14( 1) & (2)-Party obtained under a will limited estate known as widow's estate prior to the Act coming into force----Property given under the will in lieu of pre-existing right to maintenance under the Sasuic law-Hence the right blossomed into an absolute ownership under S. 14(1). D Tulasamma v. V. Sesha Reddi, [1977] 3 SCR 261; 17wta Sesharatham- ma v. 17wta Manikyamma, [1991] 3 SCR 717= [1991] 4 SCC 312; Mangat Mal v. Punni Devi, [1995] 6 SCC 88; Gumpha v. Jaibai, [1994] 2 SCC 511; Seth Bad1i Prasad v. Srimati Kanse Devi, [1969] 2 SCC 586; Mangat Singh & Ors. v. Sluimati Rattno & Anr., [1967] 3 SCR 454; S.R .. Bommai v. Union of India, [1995) 1 SCC and Mrs. Va/samma Paul v. Cochin University and E o,,., JT (1996) 1 SC 57, relied on. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4125 of 1996. From the Judgment and Order dated 2.7.92 of the Madras High F Court in L.P.A No. 161 of 1988. KR. Chowdary for the Appellants. A V. Rangam for the Resp0ndents. G The following Order of the Court was delivered : Leave granted. We have heard the counsel on both sides. H The appeal by special leave arises from the Judgment dated July 2, 1068 r i- ,. • C.M. MUDALIAR v. IDOL OF SRI S.S. THIR UKOIL 1069 1992 of the Division Bench of the Madras High Court rendered in LPA A ·"' No. 161 of 1988. • The appellants are the alienees from Sellathachi, widow of Somasundram Pillai who had executed a will, Ex-A43 on 16.7.1950 be- queathing the suit properties to his wife and his cousin's widow B Janakathache mentioning thereunder as follows : "Whereas I have no male or female issues and may wife (1) Sellathachi and (2) Janaka Thathachi, wife of my senior paternal uncles' son Thabasuya Pillai are living with me and in my family and other than the other 2 persons, there is none else in my family. C Amongst the aforesaid persons, the aforesaid Janaka Thachi have got only maintenance relationship and none else in my family have any right in the share or have maintenance relationship. I am duty bound to provide maintenance for the aforesaid two persons and I have no other duty to be performed. Therefore, after my lifetime, D the under mentioned A Schedule property valued at Rs. 2000 shall be got by the aforesaid two persons and shall be enjoyed in equal shares without any right to alienate the same and perform the charities as per their wish and after the lifetime of both the aforesaid persons, Govindarasan Pillai, s/o Peria Pillai, of the aforesaid Eduvankudi Village shall be the Trustee of a Schedule E property and with the income derived from the undermentioned land shall perform the Pooja to the idol at Swamimalai Sri Swaminatha Swami Deveasthanam, Kumbakonam Taluk, every month on the Krithigai Satar Day and also do the charity of power poor feeding on the aforesaid day, and also shall put up the lamps F every day at the Subramania Swamiar Temple of the aforesaid Edavankudi village and perform the Pooja and the Charity of poor feeding every month on the Krithigai Star Day. Further in respect of the undermentioned B Schedule Property valued at Rs. 1000, after may lifetime, the aforesaid Govinda Rajan Pillai himself shall G be the trustee and from the revenue derived from the aforesaid property shall perform the Pooja and the charity of poor feeding as detailed above to the aforesaid Swami Natha Swami and the aforesaid Subramania Swamy. Amongst the aforesaid Sellathachi and J anaka Thachi, if one of the persons were to die survived by the other, the surviving member shall have the right to enjoy the H · 1070 A SUPREME COURT REPORTS [1996] 1 S.C.R. A schedule property in its entirely. This Deed of Will shall come into force only after my lifetime, and I shall have the right and authority to change or cancel this Deed of will during my lifetime." Somasundaram Pillai died in September 1950. The legatees Sel- lathichi and another had come into possession of the properties. J anaka B Thathachi died in the year 1960. In 1970 Shellathachi and appointed a power of attorney-holder who had alienated the suit properties and the appellants had purchased them under registered sale deed. The suit was filed for declaration that the legatees having succeede
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