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Veerammal and anr. Vs. Kamu Ammal and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported inAIR1916Mad342(2); 30Ind.Cas.815
AppellantVeerammal and anr.
RespondentKamu Ammal and ors.
Cases ReferredThangavelu Pillai v. Doraisami Pillai
Excerpt:
hindu law - reversioner, contingent, suit by--declaratory decree, scope of--court, whether can grant other reliefs--relinquishment, validity of--consideration--ability to maintain one-self otherwise, if necessary. - - ' 2. as the second appeal has failed substantially, the 1st appellant will pay the 1st respondent's costs......the decrees will be modified by striking out the words relating to the above two declarations. the decrees are confirmed in other respects. as regards the contention that the release, exhibit i, was invalid under hindu law, the only new argument brought forward by appellants' learned vakil for re-considering our decision in thangavelu pillai v. doraisami pillai 26 ind. cas. 211was that the hindu law requires for the validity of a relinquishment by a co-parcener of his interest in the joint family property, not only that he should accept a trifle but also that he should be in possession of ability to support himself otherwise by his own exertions. the texts of manu and yajnavalkya relied upon for this contention, when they speak of the relinquishment by an able' co-parcener of his right,.....
Judgment:

1. The only declaratory relief to which a contingent reversioner is ordinarily entitled when he disputes the alienation by qualified female heirs, is that those alienations are not binding beyond the life-time of the qualified female owner or owners. The other declarations given by the first Court decree (confirmed by the Appellate Court), namely, that the plaintiff be declared entitled to inherit the property after the death of defendants Nos. 1 and 2' and 'that 3rd defendant has no interest, etc.', were unnecessary and the discretion of the Courts as to declaratory reliefs was not exercised properly in granting those two declarations. The decrees will be modified by striking out the words relating to the above two declarations. The decrees are confirmed in other respects. As regards the contention that the release, Exhibit I, was invalid under Hindu Law, the only new argument brought forward by appellants' learned Vakil for re-considering our decision in Thangavelu Pillai v. Doraisami Pillai 26 Ind. Cas. 211was that the Hindu Law requires for the validity of a relinquishment by a co-parcener of his interest in the joint family property, not only that he should accept a trifle but also that he should be in possession of ability to support himself otherwise by his own exertions. The texts of Manu and Yajnavalkya relied upon for this contention, when they speak of the relinquishment by an able' co-parcener of his right, do not make his 'ability' (to earn his living) the test of the validity of the relinquishment, but intend to indicate to repeat the language used in Thangavelu Pillai v. Doraisami Pillai 26 Ind. Cas. 211 that that will also afford evidence of the deliberate and final character of the relinquishment.'

2. As the second appeal has failed substantially, the 1st appellant will pay the 1st respondent's costs.


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