GOPALA MENON Vs. SIVARAMAN NAIR

JUDGEMENT

(1.) This appeal by special leave arises out of a suit for partition filed by the appellant in the Court of Subordinate Judge, Palghat. The suit properties belonged originally to Ravunni Nair, the father of appellant and of defendants 1, 2, 11 and 20. Defendants 3 to 10, 12 to 19 and 21 to 28 are members of the tavazhi of Defendants 2, 11 and 20 respectively. The parties are admittedly governed by the Madras Marumakkattayam Act, 1932.

(2.) On October 10, 1945 Revunni Nair executed a Will, Ex. B-8, making certain disposition of his properties, including that in the suit. After his death, his widow Sreedevi Amma, the mother of appellant and defendants 1, 2, 11 and 20 entered into possession of the suit property. On 15th January, 1959 she executed a Will Ex. B-4, bequeathing that property to defendant 1. Her right to so dispose of the property depends upon the nature of the estate conferred upon her under the Will of her husband, Ex. B-8. If she obtained under her husband's Will a limited estate in his property, she will have no right to dispose of that property. On the other hand if, under her husband's Will, she got an absolute estate, she will be entitled to dispose of that property.

(3.) The trial court and the District Court accepted the appellant's contention that Ravunni Nair by his Will gave a limited estate only to Sreedevi Amma and therefore, she had no right to dispose of that property. In second appeal No. 1039 of 1964, the High Court of Kerala took a different view and dismissed the appellant's suit on the ground that, by his Will, Ravunni Nair had conferred an absolute estate on Sreedevi Amma and she was, therefore, entitled to dispose of that property. This appeal by special leave is directed against the judgment of the High Court.