JOGI RAM Vs. SURESH KUMAR

JUDGEMENT

(1.) The consequences of a testamentary disposition by a Will dated 15.4.1968 by one Tulsi Ram, who passed away on 17.11.1969 is still pending resolution before us after half a century.

(2.) The Will aforesaid bequeathed the testator's estate to his son, the appellant herein, and his second wife Ram Devi (the first wife being deceased whose progeny is the appellant). Land measuring 175 kanals and 9 marla, a residential house and a Bara is Village Jundla, Haryana was bequeathed half and half to the appellant and Ram Devi. However, the nature of bequeath was different for the two. The appellant was given absolute ownership rights to the extent of his share of land and property whereas Ram Devi was given a limited ownership for her enjoyment during her lifetime with respect to her share of the land with a specific provision that she could not alienate, transfer or create third party rights over the same. Thereafter the property was to vest absolutely in the appellant after her lifetime.

(3.) It appears that the properties were enjoyed as per the Will after the demise of Tulsi Ram in 1969 for quite a few years till the first round of litigation began - Bimla Devi, daughter of Ram Devi instituted a suit in the Court of Sub Judge 1st Class, Karnal for declaration against her mother, Ram Devi, claiming that she had become owner in possession of half share of the land willed to Ram Devi by Tulsi Ram, which resulted in a decree being passed on 15.1.1986. It may be stated at this stage itself that by very nature the suit was collusive. On the decree being passed Bimla Devi executed a lease deed in favour of one Amar Singh on 17.6.1986 in respect of land falling within Ram Devi's limited share. This prompted the appellant to file a Civil Suit No.94/1993 for declaration and permanent injunction before the Senior Sub Judge, Karnal impleading Ram Devi, Bimla Devi and Amar Singh. The gravamen of the suit was that Ram Devi having only a limited life interest the decree of declaration by Bimla Devi had been obtained through collusion and the lease deed was a bogus document which would not have any effect upon the rights of the appellant to inherit the property after the demise of Ram Devi. The suit was, however, contested only by Ram Devi with the other two defendants being proceeded ex parte. The suit resulted in a judgment and decree dated 27.9.1995 to the effect that the appellant having proved the Will executed by Tulsi Ram, the case clearly fell under Section 14(2) of the Hindu Succession Act, 1956 (hereinafter referred to as the 'said Act') which was in the nature of an exception as it precluded the benefits of Section 14(1) of the said Act to accrue with respect of a property inter alia inherited under a Will with a restricted right in such a property. Thus, it was concluded that the limited estate of Ram Devi could not be expanded to an absolute estate and the decree of the Civil Court dated 15.1.1986 and the lease deed dated 17.6.1986 were consequently set aside.