E V GEORGE Vs. ANNIE THOMAS

JUDGEMENT

(1.) A question connected with the succession of Christian daughters hailing from the Cochin area comes up for consideration in this appeal. Similar questions have arisen in the Travancore area of the State earlier. The matter has received the attention of the highest court of the land. The question relating to the Cochin area itself has been answered in an earlier decision. There is, however, a subsisting importance for the subsidiary contention raised in the appeal. That relates to an argument regarding the necessity to bring to hotchpotch for the purpose of the determination of shares of the daughters, the amount paid by way of streedhanam at the time of the marriage of daughters. We have discussed this question in detail in the succeeding paragraph. We are of the view that the Christian daughter, had sufferings all along. They had been, to some extent, obviated by the decision in Mary Roy's case, and the consequential application of Indian Succession Act dependant on the interpretation of the Part B States (Laws) Act. The subsidiary contention, according to us, indirectly and obliquely seeks to resurrect the dead issues of the Cochin Succession Act. The court conscious of the progressive realisation of the society, shall not set to retard the movement of time, still else, to setback the hands of the clock. The further details are discussed below.

(2.) Defendant is the appellant Suit was for partition.

(3.) Plaintiffs and defendants are the children of Mariyam and E.C. Varghese. Plaint schedule property was acquired by Mariyam in the year 1111 M.E., out of the 24 cents, 3 cents was sold under Ext. A2. Mariyam died on 25-8-1981. According to the plaintiffs, the property devolved on them and the defendant in equal shares, and thus they are entitled to 1/3rd each in the property. Since the defendant is not giving profits from the property plaintiffs claimed mesne profits also.