KESAVA KURUP KUNJUPILLAI KURUP Vs. SEBASTIAN ELUPRASYA FERNANDEZ

JUDGEMENT

(1.) This second appeal raises a question of considerable importance to the Latin Catholic Christian Community residing in Central Travancore and concerns the interpretation of S.30 of the Travancore Christian Succession Act, which will be referred to hereinafter as the Act. That section reads as follows:

(2.) The plaint properties (A schedule landed properties, and B schedule movables) belonged to the late Sebastian Fernandez and his wife, Gregoria Fernandez, who were Latin Catholic Christians resident in Karunagapally Taluk. They died intestate leaving behind two daughters, the plaintiff and the 6th defendant, and a son, John Fernandez. The 1st defendant is the widow, and defendants 2 to 5 are the children of John Fernandez. The plaintiff claims one third share in the plaint properties as her inheritance under the custom referred to in S.30 of the Act, ignoring the alienations made by John Fernandez in favour of defendants 8 and 9 as not binding on her interests.

(3.) The courts below have assumed that the custom set up by the plaintiff has been given statutory recognition in S.30 of the Act and therefore requires no proof by parties in particular cases. The Munsiff held: