KOODALMANICKAM IN DEVASWOM MANAGING COMMITTEEversusTHACHUDAYA KAIMAL@ MAN1CKAN KERALAN (DEAD) BY LRS.
- Citation
- 1996 INSC 199
- Decided
- 7 February 1996
- Disposal
- Disposed off
Holding
A right to enjoy income or usufruct is a personal right that ceases on the death of the holder and does not survive to the estate.
Summary
The respondent, Thachudaya Kaimal, claimed that certain properties were granted to him personally for his benefit under a historic decree, entitling him to the income or usufruct of those premises. The trial court and the first appellate court dismissed his suit, but the Kerala High Court in a second appeal allowed his claim, recognizing his right to enjoy the income. While the appeal was pending, the respondent died and the appellant committee took possession of the property. The Court examined whether the right to enjoy income or usufruct survives the death of its holder. It held that such a right is a personal (right in personam) right that terminates upon death and therefore does not survive to the estate. Consequently, there was no enforceable right remaining, and the appeal was disposed of without any costs.
Issues considered
- Whether a right to enjoy income or usufruct, granted for personal benefit, survives the death of the holder
- Whether such a personal right can be enforced against the estate of the deceased
Subjects
Judgment
KOODALMANICKAM IN DEVASWOM MANAGING COMMITTEE A
v.
THACHUDAYA KAIMAL@ MAN1CKAN KERALAN
(DEAD) BY LRS.
FEBRUARY 7, 1996
B
K. RAMASWAMY AND B.L. HANSARIA, JJ.]
Right in personam-Enjoyment of Income or usu/met-Person dying
pending appeal-Held: It is only a right in personam and on demise the right
ceases to exist.
c
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1057of1978.
From the Judgment and Order dated 30.3.78 of the Kerala High
Court in S.A. No. 1006 of 1976.
T.L. Vishwanatha Iyer and V.B. Saharya for the Appellant. D
A.S. Nambiar, Shantha Vasudevan and P.K. Manohar for the
Respondent.
The following Order of the Court was delivered :
E
This appeal by special arises from the order dated March 31, 1978
of the learned 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 person in for his personal benefit under a decree of the British
Resident for the State of Travancore and Cochin. Consequentially, he is F
entitled to enjoy the income or the usufruct during his tenure. The trial
Court and the appellate 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 G
correct, is a right only in personam and on demise the right cease to exist.
ConseqU;ently, nothing survives in this case for decision.
t. 'The appeal is accordingly disposed of. No costs.
G.N. Appeal disposed of.
251
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