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1915 Supreme(Mad) 328

IN THE HIGH COURT OF MARAS
S Aiyar, Napier
Veerammal And Anr.
Versus
Kamu Ammal And Ors.
Decided On : 7 August, 1915

The main legal point established is that a contingent reversioner is entitled to a specific declaratory relief regarding the binding nature of alienations by qualified female heirs, and the requirements for the validity of a relinquishment under Hindu Law were clarified.

Headnote:

Declaratory Relief - Contingent Reversioner - Summary

Fact of the Case:

The court held that a contingent reversioner disputing the alienation by qualified female heirs is ordinarily entitled to a declaratory relief that the alienations are not binding beyond the life-time of the qualified female owner or owners. Other declarations given by the court were deemed unnecessary.

Finding of the Court:

The court found that the discretion of the courts as to declaratory reliefs was not properly exercised, and the decrees were modified by striking out unnecessary declarations while confirming them in other respects. The court also addressed the contention regarding the validity of a relinquishment under Hindu Law.

Issues: The issues involved the entitlement of a contingent reversioner in disputing alienations by qualified female heirs and the validity of a relinquishment under Hindu Law.

Ratio Decidendi: The court emphasized that a contingent reversioner is ordinarily entitled to a specific declaratory relief regarding the binding nature of alienations by qualified female heirs. Additionally, the court clarified the requirements for the validity of a relinquishment under Hindu Law.

Final Decision: The decrees were modified by striking out unnecessary declarations, and the court confirmed them in other respects. The second appeal failed substantially, and the 1st appellant was ordered to pay the 1st respondents' costs.

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. 211 : 27 M.L.J. 272 : 16 M.L.T. 393 was 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 : 27 M.L.J. 272 : 16 M.L.T. 393 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 respondents costs.

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