S.PADMANABHAN
Karutha Panicker Raghava Panicker – Appellant
Versus
Ammukkutty Amma Chandrika Bai – Respondent
S. Padmanabhan, J.
1. B-Schedule property is a portion of A-schedule which belonged to Karutha Panicker. First defendant was his only son and Ammukutty was the wife of the first defendant. Plaintiff Chandrika Bai is their sole daughter. In 1950 Karutha Panicker executed Ext. A-1 Will bequeathing A-schedule property to these three persons with the following provisions. (1) I want the properties to devolve on my son, his wife Ammukutty and daughter Chandrika and hence this Will is executed subject to the following conditions. (2) They must get the properties in full right after my death and enjoy the same after mutation and paying tax. (3) First defendant will be entitled to encumber one of the properties upto Rs. 10,000. (4) If any other document is to be executed it should be by all the three jointly. (5) First defendant should take the income and maintain his wife and daughter and the balance income will belong to the three equally. (6) After the death of the first defendant all the properties will devolve on Ammukutty, Chandrika Bai and her children.
2. Ammukutty died. Thereafter first defendant married second defendant and defendants 3 and 4 are their children. Sixth defen
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