KALYANI Vs. NARAYANAN

JUDGEMENT

(1.) On a certificate granted by the Full Bench of the High Court of Kerala, original plaintiff, a Hindu widow who was seeking partition of a share to which her deceased husband was entitled, having lost in both the Courts, has filed this appeal. The High Court granted the certificate under Article 133 (1) (c) of the Constitution as in its opinion the following substantial questions of law arise from the judgment rendered by it:

(2.) The factual background from which, according to the High Court the aforementioned two questions emerge for consideration of this Court may be stated.

(3.) One Karappan, son of Chulliparambil Krishnan, had two wives Nani and Ponni. Defendant 1 Krishnan, defendant 2 Shankaran, one Raman, husband of plaintiff Kallyani, and deceased Madhavan, husband of defendant 3 and father of defendants 4,5, and 6, were his sons by first wife Nani, and one Kesavan was his son by the second wife Ponni. He had six daughters, four by the first wife and two by the second wife. One Valli was the second wife of his father and she had three daughters. Karappan and his family are Ezavas and in the matter of inheritance, succession and on the question of personal law they were governed essentially by coustomary law and in the absence of any specific custom they are governed by the Hindu Mitakshara Law. Karappan executed a registered deed variously described as a Will or a deed of partition or evidencing family arrangement, Ext. P-1 dated January 25, 1910, the salient features of which may be reproduced. After narrating his near relations including his two wives, male and female children born to each and his father's second wife and her children, the following recitals are worthy of note: