Supreme Court of India
Koodalmanickam In Devaswom Managing ... vs Thachudaya Kaimal Alias Manickan ... on 7 February, 1996
Equivalent citations: JT1996(2)SC336A, 1996(2)SCALE217, (1996)2SCC680, [1996]2SCR251, AIRONLINE 1996 SC 635, (1996) 1 CURCC 232, (1996) 2 JT 336.1 (SC), (1996) 2 RRR 135, 1996 (2) SCC 680, (1996) 2 SCJ 365, (1996) 2 SCR 251 (SC), (1996) 3 ICC 425, 1996 ALL CJ 1 647.2
Bench: K. Ramaswamy, B.L. Hansaria
ORDER
1. This appeal by special arises from the order dated March 31, 1978 of the Larne single Judge of the Kerala High Court in Second Appeal No. 1006/1976. The sole respondent instituted a suit against the appellant contending that the properties were a part of the residential premises given to him in personam for his personal benefit under a decree of the British Resident for the State of Travancore and Cochin. Consequently, he is entitled to enjoy the income or the usufruct during his tenure. The trial Court and the appellant Court dismissed the suit; but in Second appeal the learned single Judge allowed the appeal and held that he is entitled to the enjoyment of the income or usufruct. Pending appeal, the respondent died. We are informed that appellant- committee has taken over the property. Right to enjoy the property even assuming that the order is correct, is a right only in personam and on demise the right ceases to exist. Consequently, nothing survives in this case for decision.
2. The appeal is accordingly disposed of No costs.