JUDGMENT

Has the concept of civil death of a person, who chooses an ascetic life (sanyasi), lost relevance on coming into force of the Hindu Succession Act, 1956 ? This Court is called upon to examine the issue because the plaintiff claims that he has not adopted the life of an ascetic, whereas the defendants contend that the plaintiff consciously chose the life of an ascetic and thus is precluded from claiming the right over the family property.

1. Interestingly, the plaintiff and the defendants in O.S.No.386/2002 on the files of the Munsiff's Court, Chengannur, a suit for partition, have come up in these second appeals, respectively, questioning the manner in which the Sub Court, Chengannur rendered the judgment dated 15.01.2015 in A.S.No.270/2008, an appeal by the plaintiff. By the judgment and decree of the trial court dated 19.12.2007, the suit filed by the plaintiff for partition was dismissed, and the plaintiff carried forward the challenge in appeal. In the first appeal, the dismissal of the suit was reversed and the suit was decreed. The plaintiff in his second appeal contends that the quantum of shares allotted to him is not correct. The defendants, on the other hand, are