Judgment

JAGANNATHA SHETTY, J.-This appeal by special leave has been preferred against the judgment and decree dated February 7, 1983 passed by the High Court of Kerala in Second Appeal No. 763 of 1970.

2. Under the family partition deed Ex. D-1 executed on August 2, 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 Section 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 Section 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 stating 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 conside