High CourtsDivision Bench(1915) 08 MAD CK 0001

Govindasamy Raja vs Kuppammal

Madras High Court · Decided on 26 August 1915 · Citation: AIR 1916 Mad 1215 : 31 Ind. Cas. 77

HON’BLE JUDGES
William Ayling, J · Tyabji, J

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Judgment

6 paragraphs · 138 words
1.

The findings of the District Judge are not as clear as they might be. But we understand them to amount to this: that no title was intended to pass

under the document Exhibit I until the death of plaintiff, on which the properties would vest in defendants. There is evidence to support this view,

and we see no reason for not accepting it. It follows that the document was really intended to operate as a Will and would be revocable by plaintiff

at any time.

2.

On this view, we see no reason to modify the decree of the lower Appellate Court except as to costs. Bearing in mind that plaintiff has only

herself to blame for the litigation into which her disingenuous conduct has landed her, we direct that both parties bear their own costs throughout.