- (1.) Leave granted.
(2.) Whether Section 2 of the Hindu Widow's Re-Marriage Act, 1856 would apply to the facts of the present case is the question in this appeal.
(3.) The fact involved herein is as under : The properties in dispute belonged to one Sri Pervakutty. He had three sons and two daughters, namely, Sugathan, Surendran, Sukumaran @ Soman, Soumini and Karhiayani. He allegedly executed a will on 11.10.1975 bequeathing the said properties in favour of his sons. 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. Sri Pervakutty died on 20.10.1975. Sukumaran died on 2.8.1976.;