MAHARAJA PILLAI LAKSHMI AMMAL Vs. MAHARAJA PILLAI THILLANAYAKOM PILLAI

JUDGEMENT

(1.) This appeal by special leave has been preferred against the judgment and decree dated 7/02/1983 passed by the High court of Kerala in Second Appeal No. 763 of 1970.

(2.) Under the family partition deed Ex. D-l executed on 2/08/1950, the properties under 'a' schedule were allotted to Maharaja Pillai and after his death his widow was given the right to take the income therefrom. One of the sons of Maharaja Pillai filed a suit claiming his right to take one-third share in those properties. The trial court while construing the terms of Ex. D-l held that the widow got absolute right over 'a' schedule under S. 14 (1) of the Hindu Succession Act. The appellate court, however, took: a different view. The appellate court held that the widow could get only a restricted right under S. 14 (2) of the Hindu Succession Act. Upon further appeal, the High court agreed with the view taken by the appellate court. The High court, however, granted a small share to the widow staling that according to law in force in the erstwhile Travancore State, the widow would have inherited the share which would have fallen to any of the sons.

(3.) The question for our consideration is whether the widow got absolute right or only a restricted right over the 'a' schedule after the coming into force of the Hindu Succession Act. The answer to the question turns upon the scope and meaning to be given to the terms of Ex. D-l, the relevant portion of which is extracted hereunder :