PAPPI KALYANI Vs. M. KALYANI AMMA

JUDGEMENT

(1.) THE suit from which this second appeal arises was filed for a declaration of title and for removal of a shed unlawfully constructed in the property by the defendants.The suit property belonged to one Puthiaveettil Parsad.It was outstanding on kanom with the first plaintiff's deceased sister Lakshmi.She died leaving an infant male child.He also died.After his death,his right in the property devolved on the first plaintiff and his mother Kunjipennamma.Kunjipennamma died,whereupon the first plaintiff alone became entitled to the property.He died on 23rd January 1979.First defendant in his widow and defendants 2 and 3 his children by the first defendant.The second plaintiff is said to be the wife of the first plaintiff.She figured as a co -plaintiff on the strength of a settlement deed,Ext.P -1,in her favour executed by her husband.Her status as wife was disputed by the defendants.For the purpose of this second appeal,I will proceed on the assumption that she is only a concubine.

(2.) IN the written statement filed by the defendants they pleaded that the suit was not maintainable,that they were the only legal representatives of the first plaintiff,that they were in possession of the property and that the settlement deed was not valid and binding on the defendants.

(3.) THIS second appeal was admitted on the following substantial question of law: "In the case of an intestate male whether the term 'thavazhi 'is to be understood as contained in Explanation 11 to Part IV or as defined in sub -sections(3)and(4)of section 3 of Travancore Ezhava Regulation III of 1100 " ;.