THE KOCHU GOVINDAN KAIMAL & OTHERS versus THAYANKOOT THEKKOT LAKSHMI AMMA AND OTHERS

Citation: [1959] SUPP. 1 S.C.R. 1 · Decided: 01-10-1958 · Supreme Court of India · Bench: T.L. VENKATARAMA AIYYAR · Disposal: Appeal(s) allowed

Judgment (excerpt)

THE SUPREME COURT REPORTS 
KOCHU GOVINDAN KAIMAL & OTHERS 
v. 
THAY ANKOOT THEKKOT LAKSHMI AMMA 
AND OTHERS 
I 
(VENKATARAMA AIYAR, GAJENDRAGA.DKAR and 
A. K. SARKAR .J J .) 
H'ill:-]ointly executed by three testators-Construction-Joint 
tenants or tenants in common-Claim of entire properties by survivor 
-Maintainability. 
A will executed jointly by three persons contained, inter 
alia, the following recitals:-" We have hereby settled and 
agreed that all 
the moveable and immoveable properties 
acquired jointly and separately by us till now, and those which 
_, 
we may be so acquiring in future and those which have 
devolved on us and those which we may yet be obtaining, 
shall be held by us 
in our 
possession and under our 
control and dealt with by us as we please till our death.'' 
There were bequests in favour of certain persons and the will 
provided that in the event of the executants effecting any trans-
fers or alienations of the said properties, either jointly or 
severally till their death, the aforesaid persons shall have the 
right only in respect of the remaining items of the properties. 
Two of the testators having died the third claimed that he had 
become entitled by surviorship to all the properties disposed of 
by the document on the footing that it was in effect a transfer 
1 
of all their individual properties to themselves jointly as joint 
tenants. 
Held, that the document was a testamentary disposition by 
the three testators of their properties operating on the death of 
each testator on his properties, and was, in effect, three wills 
combined in one. The properties were held by the testators as 
tenants-in-common and the legatees mentioned in the will 
would become entitled to the properties of the testator who 
dies. 
C1v1L 
APPELLATE 
JURISDICTION: 
Civil Appeals 
' 
Nos. 5 and 6 of 1955. 
Appeals from the judgment and decree dated 
September 15, 1952, of the Madras .High Court in 
Second Appeals Nos. 2256 of 194 7 and 2545 of 1948, 
October z. 
2 
SUPREME COURT REPORTS [1959) Supp. 
r95s 
arising out of the judgment and decree dated Septem- ,. 
G . -K . 41 her 19, 1946, of the Court of Subordinate Judge of 
0
"'""";. ••m 
Kozhikode in Appeal Suit Nos. 336 and 180 of 1946, 
LaAshmi Amma against the judgment and decree dated October 9, 1945, 
and June 29, 1946, respectively of the Court of District 
trict Munsif, Chowghat, in O. S. Nos. 131 and 158 of 
1945. 
B. K. B. Naid.u, for the appellants. 
V. Karunakara Menon and M. R. Krishna Pillai, 
for the respondents. 
1958. 
October I. The Judgment of the Court 
was delivered by 
• 
Vcnkalarama 
VENKATARA!llA. AIYAR J.-The point for determina. 
Aiy•• J. 
tion in these two appeals is whether one Kesavan 
Kaimal · who was one of three executants of a will 
dated February 10, 1906, became entitled under that 
will to the properties, which are the subject-matter of 
these appeals. 
The will is a short one, and is as follows : 
"Will executed on 28th Makaram 1081 M. E., 
corresponding to 10th February, 1906, jointly by 
Kunhan Kaimal, son of Karayamvattath Kathaya-
kkal Kunhu Kutti Amma, Kesavan Kaimal, son of 
Theyi Amma and Theyi Amma, daughter of Nani 
Amma of Etathiruthi amsom and Etamuttan desom 
in Ponnani Taluk. We have hereby settled and agreed 
that all the movable and immovable properties 
acquired jointly and separately by us till now, and 
those which we may be so acquiring in future and 
those which have devolved on us and those which we 
may yet be obtaining shall be held by us in our posses-
sion and under our control and dealt with by us as we 
please till our death and that subsequent to our death, 
Kalliani Amma's children, Kali and Kunhu Kutty, 
Thone. Amma's children, Parukutty, Kunhunni,Kochu 
Govindan and Ramar, and the children of the deceased 
Na.rayani Amma, namely, Kunhunniri, Kuttiparu and 
Lakshmikutty and their children and the children 
who may be born to them as also the children who 
may be born of them, shall as our heirs and legal 
representatives, hold the said properties in their 
; 
(1) S.C.R. SUPREME COURT REPORTS 
3 
possession and enjoy them hereditarily in equal shares 
rgss 
-( 
amon2gsEt themselfives. 
d 
b 
h 
,_. 
"d 
Govindan Kaim111 
. 
xcept a ter our eat , t e aJ.oresa1 
persons 
v. 
shall not lay claim to any of the properties belonging Lakshmi Amm11 
to us. 
3. It is settled that in the event of our effecting 
Venkatar11ma 
any transfers or alienations of the said properties, 
Aiyar J. 
either jo

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