SANKARAN GOVINDAN Vs. LAKSHMI BHARATHI

JUDGEMENT

(1.) This is an appeal on the basis of a certificate, by the first defendant from a decree in a suit for partition of the assets of one Dr. Krishnan who died in England on October 18, 1950, according to the provisions of the Travancore Ezhava Act and the dispute between the parties now is concerned with the question of succession to the sale proceeds of the movables and other moneys included in Schedules C to the plaint.

(2.) Krishnan had two brothers, namely, Padamanabhan and Govindan, the first defendant, and a sister, the second defendant Krishan went to England in 1920 for higher studies in medicine. For some time his father helped him with money but, after the father's death, his elder brother Padamanabhan did not send him any money and, therefore, Krishnan had to find his own resources for prosecuting his studies. He received considerable encouragement and financial help for carrying on his studies from an elderly English lady by name Miss He worth. When Krishnan became qualified to practice medicine, he set up practice at Sheffield and in course of time he was able to build up a good practice. He was later employed in the National Health Scheme. He purchased a building viz., 75-Woodhouse Road, Sheffield, where he carried on his profession. He was living in a rented house at 97-Prince of the Wales Road with Miss Hepworth. He had, at the time of his death a private secretary name Mary Woodliff.

(3.) The first defendant-appellant came to England both for the purpose of qualifying himself for F.R.C.S. and for taking back Krishnan to India. He prosecuted his studies in England for which Krishnan helped him with money and, by the end of 1949, he returned to India. Contrary to his expectation, Krishnan did not accompany him. Krishnan died suddenly in England on October 18, 1950 intestate. He had no wife and children and his assets in England consisted of the house at 75-Woodhouse Road, Sheffield, valuable movable properties and moneys.