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(3) The learned Subordinate Judge upheld the genuineness of the codicil, and, construing it, he held that the gift in favour of the charity was void and inoperative. He even held that there was no valid bequest in favour of any charity either by the will or by the codicil and that the suit was barred by adverse possession and limitation. On these findings, he dismissed the suit.

(4) Mr. R. Ramamurthi Aiyar, learned counsel for the appellants, stressed two points before us. The first related to the genuineness of the alleged codicil, Ex. B. 27. The second related to the construction of the will as modified by the codicil.

Mr. Ramamurthi Aiyar contends that the gift in favour of the grandson was a void gift, because it offended the rule in the Tagore case. Jatindra Mohan Tagore v. Ganendra Mohan Tagore, 9 Beng LR 377 (PC), and even though the prior bequest failed not in the manner contemplated by the testator, under S. 129 of the Succession Act the subsequent bequest in favour of the charity should take effect. For this purpose, he relied on the decision of the Supreme Court in Mrs. Shirinbai Manekshaw v. Nargacebai J. Motishaw, . There, a Parsi testator gave all his properties to his adopted mother and also to her heirs. The husband of the mother had attested the will, and, consequently, the gift in her favour was void under the provisions of S. 67 of the Indian Succession Act.

(11) The argument of Mr. Ramamurthi Aiyar that the gift in favour of the grandson was void and could not take effect was answered by Mr. A. V. Narayanaswami Aiyar, counsel for the respondents, by relying on the provisions of the Madras Hindu Transfers and Bequests Act, I of 1914, S. 2(2) of that Act runs thus:
"In the case of transfers inter vivos or wills executed before the date of this Act, the provisions of this Act shall apply to such of the dispositions thereby made as are intended to come into operation at a time which is subsequent to such date; Provided that nothing contained in this section shall affect bona fide transferees for valuable consideration, in whom the right to any property has vested prior to the date of the Act."