SEBASTIAN GEORGE Vs. VELAYUDHAN NARAYANA PILLAI

JUDGEMENT

(1.) The question that arises in this Second Appeal filed at the instance of the third defendant, is as to the nature of the rights in the property taken by a Christian widow, under the provisions of the Travancore Christian Succession Act - Act 11/1092.

(2.) The suit properties belonged to one Sebastian, husband of the first defendant, and father of defendants 2 to 5. After the death of Sebastian, the first defendant executed a promissory-note in favour of one Eliswa and the latter endorsed the promissory-note in favour of the present plaintiff. The latter instituted O.S. 245/1114 District Munsiffs Court, Parur, against the first defendant and her children for recovery of the amounts due under the promissory-note executed by the first defendant. It is seen that ultimately the plaintiff herein, obtained a decree only as against the first defendant in O.S. 245/ 1114. The present plaintiff also appears to have obtained an attachment before judgment of the properties and proceeded to execute his decree in O.S. 245/1114 and sold in court auction the 1/5 share of the first defendant in the suit properties on 28-1-1124 and he became also the purchaser of that share. Attempts were made to have the sale set aside, but without any success and the plaintiff also claims to have obtained delivery on 16-7-1951.

(3.) In the present suit the plaintiff seeks partition of the 1/5 share belonging to the first defendant in the suit properties, and of which he has already become the owner by virtue of the execution proceedings in O.S. 245/1114, District Munsiffs Court, Parur. Defendants 6 & 7 were added as parties, as they were claiming certain rights in the suit properties.