JOSEPH Vs. JOSEPH ANNAMMA

JUDGEMENT

(1.) The plaintiff is the appellant in the Second Appeal. He had filed the suit for an injunction to restrain the defendant-respondent herein from committing waste in the suit properties by cutting and removing valuable trees including yielding rubber trees and/or carry on slaughter tapping and lor other appropriate reliefs. The plaintiff is the son of the defendant and one Joseph. The defendant, the widow of Joseph has only a life interest in the suit properties, her rights being governed by Section 24 of the Travancore Christian Succession Act, The plaintiff being the only son of Joseph is entitled to the properties as his heir after the death of the defendant The defendant is not entitled to commit waste in the property or cut and remove the rubber trees which are yielding. The allegation is that the defendant is recklessly cutting and removing yielding rubber trees and other valuable trees and slaughter tapping rubber trees and that she, according to the plaintiff, is liable to be restrained from doing so.

(2.) The suit was resisted by the defendant contending inter alia that though she has only a 'Jeevanamsa Avakasam' she has the right to carry on slaughter tapping and replant the property. She contended that she has neither committed any waste nor has any intention to commit waste. In the circumstances, the plaintiff is not entitled to restrain her from enjoying the property as she likes. Both the Courts below have held against the plaintiff on the basis of the decision in 1960 Ker LT 463. The Courts below took the view that a Christian widow is the absolute owner of her share of the property till her death or remarriage. As the defendant is a Christian widow, who hag got the property concerned as per the decree for partition of her husband's estate in O. S. No. 196 of 1956, she is absolutely entitled to her share as such and she can enjoy the property in any manner she likes and nobody would be competent to impose any restriction on her. Her rights would only be terminated by her death or re-marriage. On this basis, the plaintiff was denied the relief sought' for. I have no hesitation in holding that both the Courts below have thoroughly misunderstood the law on the matter.

(3.) A Christian Widow's right to the immovable properties of her husband's estate is governed by Section 24 of the Travancore Christian Succession Act, Section 24 of the Act reads:-