SARA Vs. ANNAM

JUDGEMENT

(1.) THE 8th defendant, Naithy, is the wife of Mathai. THE 9th defendant, Annamma, is the daughter of Mathai and the 22nd defendant, Varghese, is the husband of the 9th defendant. Plaintiff had another brother, Poulose, and a sister, eliswa, both of whom died before Puravath. Defendants 5,6 and 7 are the children of Poulose; and the 10th defendant is the husband of Eliswa. Defendants 11 to 15 are the children of Eliswa. First defendant, Cheria, is the brother of Puravath. Defendants 2 and 3 are the children of deceased Ittira, and defendants 16 and 17 are the children of deceased Paily. THE 20th defendant is the husband of the 17th defendant. Mariam, the sister of Puravath, was unmarried and she died after the death of Puravath. Defendants 18 and 19 are the children of Eliswa, the other sister of Puravath.

(2.) PURAVATH had executed a will, Ext. XI, on 5. 10. 1103 bequeathing the plaint schedule properties to Mathai, the brother of the plaintiff. But, since Mathai predeceased PURAVATH the bequest became inoperative. It is, therefore, alleged that PURAVATH died intestate as regards the plaint schedule properties and the plaintiff claimed her share in the properties.

(3.) THE main question argued in the appeal relates to the claim of defendants 8, 9 and 22 to plaint schedule items 1 to 3 under Ext. IX executed by Puravath in favour of Mathai. According to them, Ext. IX amounts to a gift; while according to the plaintiff it is only a will. THE question turns on the construction of Ext. IX. It is styled. It was also registered in Book No. 4 pertaining to wills. THE operative portion of the document is the following: THE case of defendants 8, 9 and 22 is that the document conveyed to Mathai the properties mentioned therein subject to a life interest reserved with Puravath, while according to the plaintiff there was no transfer of any interest in presente in favour of Mathai and there was only a bequest in his favour to take effect on the death of Puravath.