SANKARAN GOVINDAN Vs. LAKSHMI BHARATHI

JUDGEMENT

(1.) The 1st defendant in a suit for partition of the assets of a person named Dr. Krishnan, who died in England on 18th October 1950, is the appellant; and the dispute is confined to the assets included in Sch. C to the plaint. These assets constitute the sale proceeds of the properties left by Dr. Krishnan in England, both immovable and movable, consisting of a house and other movables. The assets amount to Rs 1,18,075 and that amount is now in deposit within the jurisdiction of the lower court.

(2.) Three Ezhava brothers, Sankaran Padmanabhan, Sankaran Krishnan (deceased Dr. Krishnan) and Dr. Sankaran Govindan (1st defendant), and a sister, the 2nd defendant, were the children of late Sankaran belonging to the erstwhile Travancore State. Dr. Krishnan left fox England in 1920 for higher studies in medicine. For some time he received remittances from home; but after his father's death his elder brother, Padmanabhan, did not send regular remittances and therefore Dr. Krishnan was stranded in England. He met an elderly lady, Miss Hepworth; and she helped him to prosecute his studies. He qualified himself in medicine and started practice at Sheffield and was able to build up a comfortable practice. Subsequently he got employed in the National Health Scheme; and he purchased a building, 75-Wood House Road, Sheffield, where he housed his evening surgery. He was living in a rented house at 97 - Prince of Wales Road with Miss Hepworth. He had at the time of his death a private secretary named Miss Esme Mary Woodliff.

(3.) In 1946 Dr. Govindan, the 1st defendant proceeded to England, according to him, with the double purpose to qualify himself for F.R.C.S. and to bring back his brother, Dr. Krishnan. He prosecuted his studies in England, for which Dr. Krishnan helped him with money; and ultimately, during the close of 1949, he returned to India. Dr. Krishnan did not accompany him; and he died in England suddenly on 18th October 1950 without leaving a will. He left no wife nor children, and his assets in England, as stated already, were the immovable property, viz., the house at 75-Wood House Road, Sheffield, and other movables.