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6. Defendants filed a written statement contending interalia as follows: The suit itself is false, frivolous and vexatious. They have denied the plaint averments. It is admitted that plaint A schedule properties are the B share allotted to Aithappa Bhandary, who was a Nissanthathi Kavaru, and he possessed and enjoyed the properties till his death. It is also admitted that the plaintiffs are the legal heirs of Aithappa Bhandary as per the provisions of the R.S.A. 1007 of 2016 Hindu Succession Act, 1956. At the same time, it is not correct to say that the rights of Aithappa Bhandary over the properties devolved on the plaintiffs. It is contended that there was no entrustment of the estate and the defendants had never agreed to give any income to the plaintiffs.
7. Aithappa Bhandary, and his sisters namely Devaki and Chomu belonged to the undivided aliyasantana family which is a Kutumba known as Peruvodi family, governed by Aliyasantana Act. Devaki and Chomu are the predecessors- in-interest of the defendants. There was a partition in the family through O.S.No.228/49 of the Subordinate Judge's Court, South Canara. After the preliminary decree in the said suit, R.I.A. No.1530/52 was filed on 20.09.1956. Different Kavarus of the family(Kutumba) were allotted with different set of properties. The said Kavarus took possession of the respective shares allotted to them. In aliyasantana law, family inheritance was recognized and therefore, Santhathi Kavaru of Devaki and Chomu could R.S.A. 1007 of 2016 exclusively enjoy the properties allotted to them as their absolute properties. B schedule was allotted to Aithappa Bhandary, who himself constituted a Nissanthathi Kavaru whereby he got only a life interest in the B schedule. According to the defendants, on the death of Aithappa Bhandary, plaint A schedule properties devolved on the Santhathi Kavarus of the branches of Devaki and Chomu upon the principle of reversion.
14. It has been argued that the only contingency wherein the life interest which the Nissanthathi Kavaru gets as his share from the Kutumba properties can become an absolute estate is the absence of any other nearest Santhathi Kavaru in the Kutumba. In case of any other nearest Santhathi Kavaru in the Kutumba, the share allotted to a Nissanthathi Kavaru on partition will devolve on such Santhathi Kavaru on the death of the member/members of the said Nissanthathi Kavaru to whom the property was allotted.
"The Hindu male will be entitled only to the limited rights as provided for under the law that is applicable to him. But when once the succession opens by the death of the Hindu Section 7(2) provides that the share in the undivided interest of the Hindu would devolve on his heirs under the Hindu Succession Act absolutely. A Hindu under Section 30 of the Hindu Succession Act is also conferred the right to disposing of by will his interest in the Kutumba or Kavaru. While a Hindu dies intestate his undivided interest devolves absolutely on his heirs, in the case of his separate property the succession is governed by the provisions of Sections 8, 10 and 15 of the Act as modified by Section 17."(Emphasis supplied)