Ramachandra Shenoy And Another vs Mrs. Hilda Brite And Others on 1 April, 1963
JUDGMENT
1995 (3) Suppl. SCR 35
The Judgment of the Court was delivered by
S, SAGHIR AHMAD, J. The only ground on which the judgment of the High Court
is questioned before us is that the will in question was not properly
interpreted and that the testator having created an absolute estate in
favour of Kannan, son of his direct sister, Vellachi, it was not open to
the High Court lo rely upon the subsequent recital that Schedule 'A'
properties which as per the earlier part of the Will had already been
bequcathed in favour of Kannan, shall be possessed and enjoyed as
"Tavazhi",
In interpreting the Will, the High Court has relied upon a number of
decisions of this Court including Ramachandra Shenoy and another v. Mrs.
Hilda Brite and others, AIR (1964) .SC 1323, Navneet Lai v. Gokul and
Others, AIR (1976) SC 794 and Ramakrishorelal and Another v.
Kamal-.narayun, AIR (1963) SC 890 in which the principles of
interpretation, as also the principles on the basis of which the true
intention of the testator can be gathered, have been set out.