in Devaswom Managing, Committee Vs. Thachudaya Kaimal @ Manickankeralan 
INSC 210 (7 February
K.Ramaswamy, K.Hansaria B.L. (J)
JT 1996 (2) 336 1996 SCALE (2)217
O R D
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 am for his personal benefit under a decree of the
British Resident for the State of Travancore and Cochin.
he is 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 correct, is a right only in
person am and on demise the right ceases to exist. Consequently, nothing
survives in this case for decision.
appeal is accordingly disposed of. No costs.
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