C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar And Another on 14 October, 1953
In C. N. Arunachala Mudaliar v. Muruganatha Mudaliar, the Supreme Court has laid down that in cases where there are no clear words describing the kind of interest which the done is to take, the question would to be one of occupation and the Court would have to collect the intention of the donor from the language of the document taken along with the surrounding circumstances in accordance with the well known canons of construction. That decision lays down that in view of the settled law that a Mitakshara father has absolute right of disposition over his self-acquired property to which no exception can be taken by his male descendants it is not possible to hold that such property bequeathed or gifted to a son must necessarily, and under all circumstances, rank as ancestral property in the hands of the done in which his son would acquire co-ordinate interest.