KOCHU GOVINDAN KAIMAL Vs. THEKKET LAKSHMI AMMA

JUDGEMENT

(1.) The point for determination in these two appeals is whether one Kesavan Kaimal who was one of three executants of a will dated February 10, 1906 became entitled under that will to the properties, which are the subject-matter of these appeals.

(2.) The will is a short one, and is as follows:

(3.) Of the three testators, Theyi Amma died first - the exact date of her death does not appear and is not very material - and Kunhan Kaimal died thereafter sometime in 1930. It is the case of Kesavan Kaimal that in the events which had happened, he had become entitled by survivorship to all the properties disposed of by the will, including those of Kunhan Kaimal, and on this footing he conveyed on October 14, 1938 seven items of properties, of which three belonged to Kunhan Kaimal, to one Sankarankutti Kaimal and on October 16, 1944, another three items of properties which belonged to Kunhan Kaimal, to Kalyani and Vijayan. These transfers led to the two litigation, which have culminated in the present appeals.