judgment

S.B. Sinha, J. —

1.Leave granted.

2.Whether Section 2 of the Hindu Widows 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.

4.First respondent is his widow. First respondent remarried one Elambilakkat Sudharkaran. Sudhakaran died on 12.9.1979. She filed a suit on 31.12.1985 for partition claiming 1/3rd share in the suit property. Appellant herein, inter alia, contended that she, in terms of Section 2 of the Hindu Widows Re-marriage Act, 1856, having ceased to have any right in the properties inherited by her from her husband Sukumaran, the suit was not maintainable.

Re