Decided on August 30,1968

GOPALA MENON Respondents


- (1.) THE appeal filed by the first defendant arises out of a suit for partition. The parties are governed by the Madras Marumakkathayam Act, 1932. The plaint properties belonged to Ravunni Nair father of the plaintiff and defendants 1, 2, 11 and 20. Defendants 3 to 10 are members of the tavazhi of the 2nd defendant lakshmikutty Amma. Defendants 12 to 19 are members of the branch-of the 11th defendant Devaki Amma. Defendants 21 to 28 are members of the branch of the 20th defendant Karthayanikutty Amma. The plaintiff and the first defendant are the sons of Ravunni Nair.
(2.) RAVUNNI Nair executed Ext, B-8 will, dated 10-10-1945, in respect of the plaint properties. According to the plaintiff and defendants 2 to 10 who support him ravunni Nair bequeathed the plaint Items to all his children subject to a life interest over the plaint items in favour of his wife Sreedevi Amma. It is contended by the 1st defendant that under Ext B-8 Sreedevi Amma got absolute rights over the plaint properties. Sreedevi Amma executed Ext. B-4 will dated 15-1-1959 bequeathing the plaint items to the 1st defendant. The Courts below took the view that Ext, B-8 creates a life interest in favour of Sreedevi Amma and there was a gift of the remainder to the members of the tavazhi of Sreedevi Amma. The plaintiff was, therefore, granted a decree for recovery of 1/29. share in the plaint schedule items.
(3.) THE question raised in the second appeal relates to the Interpretation of Ext. B8. The substance of Ext, B-8 in so far as it relates to the plaint properties is stated by the learned Subordinate Judge in paragraph 12 of his judgment and this is accepted as correct by both, sides.;

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