KALYANI Vs. KRISHNAN

JUDGEMENT

(1.) This appeal arises out of a suit for partition - O. S. No. 18 of 1958 - Sub Court, Trichur. The parties are Ezhavas and it is common ground that the law applicable to them is essentially customary law, and that in the absence of any rule of custom the presumption is that they are governed by the Hindu Mithakshara Law.

(2.) One Karappan had two wives Nani and Ponni. By Nani, he had four sons who are defendants 1 and 2 and the deceased Raman and Madhavan. Raman's widow is the plaintiff and Madhavan's widow is the third defendant. Defendants 4 and 5 are the children of the 3rd defendant. By his second wife Ponni, Karappan had a son Kesavan. The 6th defendant is the wife of the 1st defendant. Defendants 7 to 16 are their children. This completes the array of parties.

(3.) Karappan executed a registered will Ext. P-1, dated 25-1-1910 by which he made certain dispositions of properties, which have been described in the will as his ancestral properties and also his self acquired properties. The will recites that the properties in the A and B schedules of the document, are of the total value of Rs. 8,000/- and the properties in the C Schedule are of the value of Rs. 200/-. The document purports to describe the course of enjoyment in respect of the properties after the lifetime of Karappan. It provided that during his lifetime the testator was to have full powers of disposition over the properties. After his death his four sons were to get Rs. 1,300/- worth of properties each. His first wife Nani was to get Rs. 300/-, his second wife Rs. 1,000/- and his father's second wife, Rs. 200/-. On the above basis Rs. 5,700/- worth of properties were scheduled in the A schedule to Ext. P-1, to be taken by the "first tavazhi purushasanthanangal", his first wife, and his father's 2nd wife. The "2nd tavazhi" was to have the properties worth Rs. 1,300/- comprised of items 1 to 4 and 6 to 12 of B schedule to the document, the value being inclusive of an owelty of Rs. 227.85 payable by the first tavazhi. Item No. 5 of the B schedule worth Rs. 1000/- was to be taken by the testator's second wife Ponni. The document recited that after Karappan's death, the properties were to be enjoyed by the respective "tavazhi people". It was provided that in the C schedule properties, which had not been then divided, all the sons are equally entitled to rights on his death. It seems unnecessary to refer to the other provisions of the will.