K. Naina Mohamed(Dead) Through Lrs vs A.M. Vasudevan Chettiar(D)By Lrs. & Ors

2. The suit property belonged to one Smt. Ramakkal Ammal wife of Pattabiraman of Uraiyur of Tiruchirapalli. She executed registered Will dated 22.9.1951 in respect of her properties and created life interest in favour of her two sisters, namely, Savithiri Ammal and Rukmani Ammal with a stipulation that after their death their male heirs will acquire absolute right in `A' and `B' properties respectively subject to the rider that they shall not sell the property to strangers. Clauses 4, 10 and 11 of the Will and details of `A' and `B' properties (English translation of the Will and details of the properties were made available by the learned counsel after conclusion of the arguments), which have direct bearing on the decision of this appeal read as under:

`A' Property Details The Terraced House with tiled Verandhas including open backyard with water pump and meter at Walaja Bazaar Street, Thamalvaru Bayamajar, Woriur, 3rd Block, A Ward, Puthur Circle, Tirchirapallai Town to the West of Bazaar lying North to South, to the North of `B' Item Property hereunder and the backyard of Muthu Veerswami Chettiar to the East of Padmaji Lane and to the South of the House belonging to Krishnammal, wife of Venogopal Naidu bounded on the NORTH BY : Survey No.2069 SOUTH BY : Survey No.2067 EAST BY : Survey No.2065 and WEST : Survey No.2088 situate within the Registration District of Tirchirapalli and Sub- Registration District No.3 Joint Sub-Registrar.

`B' Property Details Tiled House and vacant site on the above said Walaja Bazaar Street, bearing Municipal Door No.58 lying to the West of Bazaar lying South to North, to the North of House of Muthu 4 Veerasami Chettiar, to the East the aboe Muthu Veerasami Chettiar's backyard, to the South `A' item Property running 126 feet from East to West and 12 feet on the Eastern side from South to North and 8 feet on the Western Side from South to North comprised in T.S. No.2067"

5. Rukmani Ammal and her son contested the suit by asserting that the Will executed by Ramakkal Ammal did not obligate them to sell the property to the plaintiffs; that clause 11 of the Will was liable to be treated as void because the same was against the rule against perpetuity and the law of alienation; that Rukmani Ammal was in need of money for maintaining herself and, therefore, her son gave up his right in the suit property facilitating alienation thereof in favour of K. Naina Mohamed. They further pleaded that before executing the sale deed, an offer was made to the plaintiffs to purchase the suit property but they refused to do so.

7. Respondent No.1 examined himself as P.W.1 and one Srinivasan as P.W.2 and produced nine documents which were marked as Exhibits A1 to A9. Rukmani Ammal and her son neither appeared in the witness box nor produced any documentary evidence. Appellant K. Naina Mohamed examined himself as D.W.1 and one Thangavel as D.W.2, but he did not produce any document.

this is good, for he doth not restrain the feoffee of all his power:

Therefore, I consider that the case of Attwater v.

Attwater (3) does not affect the law of the case, and that this being a limited restriction upon alienation, the condition is good."

(emphasis supplied)

(emphasis supplied)

28. In the result, the appeal is dismissed. However, the parties are left to bear their own costs.

.............................J. [G.S. Singhvi] ..............................J. [Asok Kumar Ganguly] New Delhi July 7, 2010.