LAWS(SC)-2013-3-44

SHIVDEV KAUR Vs. R.S. GREWAL

Decided On March 20, 2013
Shivdev Kaur (D) By Lrs. And Ors Appellant
V/S
R. S. Grewal Respondents

JUDGEMENT

(1.) These appeals have been preferred against the impugned judgment and order dated 2.7.2004 passed by the High Court of Punjab & Haryana at Chandigarh in Regular Second Appeal No. 257 of 1982 and Regular Second Appeal No. 608 of 1982 and Cross Objection No. 14-C of 1982 by which the High Court has affirmed the judgment of the first appellate court as well as the trial court so far as the nature of the rights of the appellant in the suit property are concerned.

(2.) Facts and circumstances giving rise to these appeals are that:

(3.) Shri Devender Mohan Verma, learned counsel appearing on behalf of the appellant, has argued that the appellant had become a widow at a very young age. She was maintained by her in laws, thus, her father took pity on her and as she was a destitute, brought her back and created a "life interest" in her favour in respect of the suit property by executing a Will dated 16.9.1944. She started residing in the suit property. Her father died in 1945. After commencement of the Act 1956, right of "life interest" stood crystallised into absolute right and title. Therefore, the courts below erred in deciding the issue against her. Thus, the appeals deserve to be allowed.