After the life of the second named, if he leaves behind numbersons, the three daughters named above and the daughters, if any, born hereafter may enjoy all the movable and immovable properties that may be found to belong to the first named and the second named, either in companymon or in equal shares, effecting mutation, taking pattahs and paying the revenue in their own names, but without making any alienation thereof.
The plaintiffs in O.S. No.
Nadar with the remainder vested in them under the will referred to above.
In dismissing O.S. No.
After the death of Krishnan Nadar the appellants mother was married to Raman Nadar, who is the father of the appellants.
The 1st defendant had numberright to revoke the will after Krishnan Nadars death The plaintiffs do number and cannot get the right to possession of the properties until after the 1st defendants death but a right to maintenance from the income of the properties has been provided for the plaintiffs by Ex.
O.S. number 37 of 1124 was dismissed on the ground that the plaintiffs of that suit had lost their rights under the will on the birth of a son to Raman Nadar through his second wife on February 7, 1951 during the pendency of the suit.
As the first named felt himself desirous of making during his life provision for the devolution after his life of the movable and immovable properties belonging to him in absolute rights as aforesaid, the following provisions regarding them are made The first named till the end of his life will have the right to pay the land revenue to enjoy and dispose in any manner whatsoever all the movable and immovable properties that belong or may belong to himself.
98 of 1955 against the aforesaid decree and that was disposed of by a Division Bench of the Kerala High Court on February 2, 1957.
37 of 1124 M.E. for the administration of the estate of the deceased Krishnan Nadar.
It is specifically provided in the will Ex.
The High Court decided this.
The 1st defendant is number entitled to do any act which affects this right of the plaintiffs.
If there be sons born to the second named, they will take after the life of the second named all the movable and immovable properties of the first named and the 2nd named and enjoy them for ever, effecting mutation, taking pattahs and paying revenue, and with all powers of disposal and in that event, the daughters of the 2nd named will number have and should number claim any right and they will number get any right.
182 of 1957 filed by the appellant was dismissed.
Appeal from the judgment and decree dated March 27, 1963 the Kerala High Court in Appeal Suit No.
the High Court.
The material portion of the will, Ex.
Appeal A.S. No.
D 1 in her favour in respect of some of the plaint items.
P 2 in respect of the assets of Krishanan Nadar.
848 of 1960.
On the date of the will, Raman Nadar had only three daughters and numbersons.
p 2, reads as follows Deed of will executed by Krishnan aged 51, Nadar, son of Kaliyambi, merchant, Makkavazhi, Kuzhiamvilakathu Veettil, Melkaladi, Airanimuttan, Pakuthy, Nellamn Adhikaram and his brother Raman son of the said Kaliyambi of do.,
The daughters of the 1st defendant preferred an appeal against the.
aged 39, merchant, on 26th Madam, 1111 M.E. with their own companysultation and to their entire satisfaction.
They are held by the 1st named in his possession and enjoyed by him till this date.
The sons of the 1st defendant born of his second wife were, therefore, number in existence at the time of the death of the testator Krishnan Nadar.
The 1st named has, till the end of his life absolute freedom, authority and right to alienate the properties in whatever manner he likes and to execute deeds.
340 of 1957 by a companymon judgment on March 27, 1963.
Meanwhile the appellants instituted O.S. No.
37 of 1124 filed A.S. No.
The marriage of the first defendant took place on 14 1 1124 companyresponding to August 29, 1948 and the first child of that marriage was born on February 7, 1951.
P 2 had to be ascertained as on the date of Krishnan Nadars death which was December 5, 1947.
37 of 1124 were held entitled to maintenance of Rs 50/ per head per menses from February 18, 1957.
The mother of appellants was made one of the defendants in that suit and the allegation was that Raman Nadar had companytracted an illicit relationship with her and that he had executed a gift deed Ex.
Some properties have been acquired in the name of the 1st named and in the name of the 2nd named out of love and affection towards him and his children, with the self acquired money of the 1st named and without the income of the Tarwad properties of the 1st named and without the help of the other members of the Tarwad or the 2nd named.
appeal and A.S. No.
After the life of the first named, all the properties above said will be taken and enjoyed by the second named maintaining his children named above and those born to him later and without alienating or westing the properties.
On May 9, 1946 the said Krishanan Nadar and Raman Nadar jointly executed a deed of will Ex.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
C, D and E were held number binding upon the plaintiffs in that suit number to have any force beyond the life of the 1st defendant.
848 of 1960.
After the suit went back on remand the Additional Subordinate Judge, Trivandrum held that the plaintiffs were number entitled to any relief and dismissed the suit.
p 2 that in the event of Raman Nadar begetting a son or sons in future those male issues will succeed to the assets of Krishnan Nadar to the exclusion of the daughters.
848 of 1960 was allowed in whole and suit O.S. No.
182 of 1957 the High Court took the view that the legal validity of the bequests in Ex.
Sarjoo Prasad, P.K. Pillai and M.R.K. Pillai, for the appellants.
The suit was decreed by the Principal Subordinate Judge, Trivandrum who held that the second marriage of the 1st defendant was legal and the sons born out of that marriage were entitled to Krishnan Nadars property subject to the life estate of the 1st defendant.
The daughters of defendant number1 preferred an appeal, A.S. No 340 of 1959 to.
2467 of 1966.
A.S. No 34 of 1959 was partly allowed and appellants 1 and 2 being the first two plaintiffs in O.S. No.
K. Krishna Menon, R. Thiagarajan and K. Jayaram, for respondents Nos.
It was further held that the daughters of the 1st defendant plaintiffs in O.S. No 37 of 1124 were number entitled to any right over the properties.
The other prayer sought by the plaintiffs in the appeal was disallowed.
Judgment of the Court was delivered by Ramaswami, J. This appeal is brought by certificate from the judgment of the High Court of Kerala in A.S. No.
1 to 3.
The alienations, Exs.
848 of 1962 dated March 27, 1963 reversing the decree of the principal Subordinate Judge, Trivandrum in O.S. No 182 of 1957 dated May 23, 1960.
Krishnan Nadar belonged to the State of Travancore and all his properties were located in that State where the doctrine of pure Hindu Law reigned supreme unaffected by any legislation.
The first named is unmarried and the second named has married Parvathy alias Snahappoo daughter of Sarah, Maraikkamuttath Veettil, Vazhuthoor Desom, Neyyattinkara Taluk, through whom he has three daughters Ammukutty aged 14, Chellamma aged 10 and Rajammal aged 5 but numberson.
The father of the plaintiffs who are appellants herein was a Hindu Nadar namely Raman Nadar.
He had an eider brother named Krishanan Nadar.
decree of the Principal Subordinate Judge being S. No.
Krishnan Nadar died on December 5, 1947.
The High Court remanded the suit for fresh disposal to the Additional Subordinate Judge, Trivandrum.
Soon after the death of Krishnan Nadar defendants 3 and 4 and the mother of the 5th defendant as plaintiffs filed S. No.
182 of 1957 for a declaration that the first defendant had only a life estate in the properties of Krishnan.
