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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S.
P.K.Lakshmi D/O. Koran Gurukkal – Appellant
Versus
Gopi,(Died) Lhrs Impleaded D/O. Koran Gurukkal – Respondent
| Table of Content |
|---|
| 1. factual background of property and suits. (Para 1 , 2) |
| 2. parties' submissions on section 14 hsa. (Para 4 , 6 , 7) |
| 3. section 14(1) enlarges limited estate. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. analysis of supreme court precedents. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. binding precedent over conflicting views. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 6. subsequent bequest ineffective under section 95. (Para 30 , 31 , 32 , 33) |
| 7. need to challenge settlement deed. (Para 34 , 35 , 36 , 37) |
| 8. dismissal of suits and approvals. (Para 38 , 39 , 40 , 41) |
JUDGMENT :
EASWARAN S., J.
The intrinsic interplay between Section 14(1) and Section 14(2) of the Hindu Succession Act, 1956 and the impact of a second bequest in a Will comes up for consideration in these appeals.
1. RSA No.7/2015 is filed by the first defendant in OS No.323/2005, whereas RSA No.789/2015 is by the plaintiffs in OS No.58/2006, both suits were on the files of the Munsiff’s Court, Kuthuparamba. The appellant in RSA No.7/2015 is the 2nd respondent in RSA No.789/2015. Since these appeals raise common questions of law, facts leading to the filing of OS No.58/2006 are narrated herein.
2. The plaint schedule
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