BALWANT KAUR Vs. CHANAN SINGH

JUDGEMENT

(1.) The appeallants in this appeal, who are original defendant Nos. 1 and 2 in civil suit filed by respondent Nos. 1 to 4 herein have brought in challenge, on grant of special leave to appeal under Article 136 of the Constitution of India, the judgment rendered by learned single Judge of the High Court decreeing the respondent'/plaintiffs' suit. This appeal raises a short question as to whether appellant No. 1 original defendant No. 1, who is the widowed destitute daughter of testator-Sham Singh, had acquired full ownership of 1/3rd interest in the suit land pursuant to the Will of her father dated 21st August, 1959 or whether she had only a life interest therein, which did not nature into full ownership in her favour under Section 14(1) of the Hindu Succession Act, 1956 (hereinafter referred to as the 'Succession Act). The Trial Court in the suit filed by the respondents/plaintiffs, took the view that appellant No. 1 had only a life interest which she could not bequeath in favour of defendant No. 2 and, accordingly, granted a declaratory decree in favour of the plaintiffs. The learned District Judge, as a Court of first appeal, took a contrary view and dismissed the suit by holding that appellant No. 1 had acquired full ownership of the suit property, up to her 1/3rd full interest in the suit land and she did not acquire only life interest therein pursuant to the Will of the deceased.

(2.) As noted earlier, in the second appeal, the learned single Judge of the High Court took a contrary view against the appellants and restored the decree of declaration granted by the Trial Court.

(3.) In support of this appeal learned senior counsel for the appellants vehemently contended that, on the facts of the present case, the right which accrued to appellant No. 1 under the Will of her father as full owner of the property was well sustained under Section 14(1) of the Succession Act and that the High Court was in error in applying Section 14(2) of the said Act. He tried to support his contention on the ground that appellant No. 1, being widowed daughter of the testator, had a pre-existing legal right to succeed to the entire estate of the deceased under Section 8 of the Succession Act, if the testator had died intestate. It is this right of her's which was confirmed to the extent of 1/3rd by the Will in question and, therefore, Section 14(1) of the Succession Act squarely got attracted to the facts of the present case and consequently the suit was liable to be dismissed.