2 and 3, the daughter of Sri Pervakutty, inter alia, raised a companytention that the purported Will dated 11.10.1975 was number a valid one.
Sukumaran died on 2.8.1976.
It was opined that since the testator bequeathed the tenancy right as companytained in item No.2 of the schedule, the same was available for partition.
Appellants preferred an appeal thereagainst.
Sri Pervakutty died on 20.10.1975.
236 of 2004 B. Sinha, J. Leave granted.
He had three sons and two daughters, namely, Sugathan, Surendran, Sukumaran Soman, Soumini and Karhiayani.
In the said Will, provisions were allegedly made for payment of monthly allowance to the wife of Sri Pervakutty, defendant No.3 since deceased as also right of residence in the house situated therein.
Respondent Nos.
First respondent is his widow.
By reason of the impugned judgment, the High Court allowed the appeals preferred by the respondent Nos.
First respondent remarried one Elambilakkat Sudharkaran.
Appellant herein, inter alia, companytended that she, in terms of Section 2 of the Hindu Widows Re marriage Act, 1856, having ceased to have any right in the properties inherited by her from her husband Sukumaran, the suit was number maintainable.
He allegedly executed a will on 11.10.1975 bequeathing the said properties in favour of his sons.
Respondent Nos.2 and 3 defendants No.
Arising out of SLP C No.
She filed a suit on 31.12.1985 for partition claiming 1/3rd share in the suit property.
By a judgment and order dated 31.3.1992, the said suit for partition was decreed declaring 1/3rd share in the suit properties in favour of the first respondent.
4 and 5 also preferred separate appeals.
Sudhakaran died on 12.9.1979.
Whether Section 2 of the Hindu Widows Re Marriage Act, 1856 would apply to the facts of the present case is the question in this appeal.
The fact involved herein is as under The properties in dispute belonged to one Sri Pervakutty.
