RAMAN NADAR VISWANATHAN NADAR Vs. SNEHAPPOO RASALAMMA

JUDGEMENT

(1.) This appeal is brought by certificate from the judgment of the High Court of Kerala in A. S. No. 848 of 1962 dated March 27, 1963 reversing the decree of the Principal Subordinate Judge, Trivandrum in O. S. No. 182 of 1957 dated May 23, 1960.

(2.) The father of the plaintiffs who are appellants herein was a Hindu Nadar, namely Raman Nadar. He had an elder brother named Krishnan Nadar. On May 9, 1946, the said Krishnan Nadar and Raman Nadar jointly executed a deed of will Ex. P-2 in respect of the assets of Krishnan Nadar. On the date of the will, Raman Nadar had only three daughters and no sons. Krishnan Nadar died on December 5,1947. After the death of Krishnan Nadar the appellant's mother was married to Raman Nadar who is the father of the appellants. It is specifically provided in the will Ex. P-2 that in the event of Raman Nadar begetting a son or sons in future, those male issues will succeed to the assets of Krishnan Nadar to the exclusion of the daughters. The material portion of the will, Ex. P-2, reads as follows:

(3.) Soon after the death of Krishnan Nadar defendants 3and 4 and the mother of the 5th defendant as plaintiffs filed O. S. No. 37 of 1124 M. E. for the administration of the estate of the deceased Krishnan Nadar. The mother of the appellants was made one of the defendants in that suit and the allegation was that Raman Nadar had contracted an illicit relationship with her and that he had executed a gift deed Ex. D-1 in her favour in respect of some of the plaint items. O. s. No. 37 of 1124 was dismissed on the ground that the plaintiffs of that suit had lost their rights under the will on the birth of a son to Raman Nadar through his second wife on February 7, 1951 during the pendency of the suit. The plaintiffs in O.S. No. 37 of 1124 filed A.S. No. 98 of 1955 against the aforesaid decree and that was disposed of by a Division Bench of the Kerala High Court on February 2, 1957, The High Court observed as follows: