(1.) These appeals are at the instance of the plaintiff in the suit O. S.358 of 1971 on the file of the Munsiff's Court, Parur which gave rise to two appeals before the lower appellate court, A. S.31 of 1974 by the defendant in the suit and A. S.33 of 1974 by the plaintiff in the suit. By the decision of the Additional District Judge, Parur, disposing of A. S. Nos. 31 and 33 of 1974 before him, the suit filed by the appellant plaintiff was dismissed.
(2.) The plaintiff is the surviving widow of late Shri Ramachandra Shenoi who died on 7-5-1123. Admittedly there was another widow, Satyabhama by name, who is no more. It is not clear as to when Satyabhama died. Shri. Ramachandra Shenoi executed Ext. A-1 will on 28-4-1123 (14-12-1947). The question that arises for consideration is as to whether the plaintiff - appellant is entitled to invoke S.14(1) of the Hindu Succession Act, 1956 in respect of Item I in Ext. A-1 will. The learned Munsiff held that she is entitled to invoke the same, but only in respect of one-half thereof, in so far as late Shri Ramachandra Shenoi had two wives. The learned Additional District Judge took the view that S.14(2) of that Act governs the case and that, therefore, the plaintiff is not entitled to invoke S.14(1) of the Act in respect of the said property. Consequently, as already stated, the learned Additional District Judge dismissed the suit.
(3.) Ext. A-1 will is a registered will. There is no dispute before me as regards its genuineness. By that document Shri Ramachandra Shenoi bequeathed as many as four items of immovable properties. He appointed Shri Govinda Shenoi, the defendant's father and in his absence, the defendant, as the executor under the will. I am concerned in this case only with the disposition as regards Item No. I, on which, it appears, stands the family house wherein Shri Ramachandra Shenoi and his widows were staying and where the plaintiff is even now residing. So far as Item No. I in Ext. A-1 will is concerned the testator provided that the same shall be in the possession and enjoyment of the executor. It was further provided therein that the widows can reside in the family house on Item I, and if on account of any difference of opinion or disagreement between the cowidows they could not reside amicably in the house, the house is to be divided into two and each one of the two cowidows was to reside in that portion which has been specified in Ext. A-1 will. Under Ext. A-1 will the executor has to pay to each of the two cowidows half of the net income of the property, Item I, after meeting the necessary expenses, but not exceeding a sum of Rs. 150/-.