PUNNEN PUNNEN Vs. VARKEY ANNA

JUDGEMENT

(1.) The short point that arises for consideration in this appeal is as to the nature of the rights conferred in the suit properties on Punnen Punnen, father of the plaintiff, under the will, Ext. C.

(2.) One Varkey Punnen was the original owner of the suit properties and he had two sons, Punnen Varkey and Punnen Punnen. The sons of Punnen Varkey are defendants 1 to 3. Punnen Punnen had a son, the plaintiff, and daughters who are defendants 16 to 19. Varkey Punnen executed a will, Ext. C on 29-1-1064 in and by which he bequeathed the properties to his sons, Punnen Varkey and Punnen Punnen, and also made other dispositions to his other relations. The 7th defendant is the widow of Punnen Punnen.

(3.) According to the plaintiff, his father Punnen Punnen was not given any rights in respect of the suit properties by Varkey Punnen, and the bequest under Ext. C was only in favour of the plaintiff. In this view, he challenged the several alienations & transactions entered into by his father Punnen Punnen and later on by his mother and sisters on his behalf.