Ramdhan v. Manibai

Ranade, J.:— The only point raised before us relates to the construction chiefly in regard to that portion of the will which relates to the interest which the ladies Baktavari and Mani could claim under it. It was contended that the four houses were given to the ladies, and not merely a right to receive the income of the same as held by both the lower Courts.

It appears to us that reading the whole will, the testator's intention was to leave the defendant sole owner of the whole property. In regard to the two houses in dispute, the widows had, during the lifetime of both or one of them, only a right to receive the income. They were not to sell the same. Defendant, as the son of the testator, was required to pay the taxes and keep the houses in repair. He was also charged with the duty of providing the expenses of Bai Amba's marriage and he was also charged with the duty of providing maintenance to the widows. These are all functions which belong to the office of executor, and the defendant must thus be treated as executor, especially when he took possession of the whole property and admittedly managed it himself. There was thus a fiduciary relation established between the parties, and the Courts below have correctly held that the arrears of rent were properly awarded not for three years but for the whole period claimed. We dismiss the appeal with costs.

Appeal dismissed.