Judgment

CHANDRACHUD, CJI. :- This appeal by special leave arises out of a suit for partition filed by the appellant in the Court of Subordinate Judge, Palghat. The suit properties belonged originally to Ravunni Nair, the father of appellant and of defendants 1, 2, 11 and 20. Defendants 3 to 10, 12 to 19 and 21 to 28 are members of the tavazhi of Defendants 2, 11 and 20 respectively. The parties are admittedly governed by the Madras Marumakkattayam Act, 1932.

2. On October 10, 1945 Revunni Nair executed a Will, Ex. B-8, making certain disposition of his properties, including that in the suit. After his death, his widow Sreedevi Amma, the mother of appellant and defendants 1, 2, 11 and 20 entered into possession of the suit property. On 15th January, 1959 she executed a Will Ex. B-4, bequeathing that property to defendant 1. Her right to so dispose of the property depends upon the nature of the estate conferred upon her under the Will of her husband, Ex. B-8. If she obtained under her husbands Will a limited estate in his property, she will have no right to dispose of that property. On the other hand if, under her husbands Will, she got an absolute estate, she will be entitled to disp