SHAKUNTALA DEVI Vs. KAMLA

JUDGEMENT

(1.) Noticing certain contradictory views in three different judgments of this Court in Teg Singh vs. Charan Singh (1977) 2 SCC 732] Kesar Singh vs. Sadhu (1996) 7 SCC 711) and Balwant Singh vs. Daulat Singh (1997) 7 SCC 137, a Division Bench of 2-Judges of this Court referred the instant appeals for disposal by a larger Bench by its referral order dated 27th October, 2004, hence, this appeal is before us.

(2.) Brief facts giving rise to these appeals are as follows: One Hirday Ram was the owner of the suit property. He had three wives, namely, Kubja, Pari and Uttamdassi. Kubja had pre-deceased Hirday Ram leaving behind a daughter named Tikami. During his lifetime, Hirday Ram made a Will dated 1-10-1938 whereby he bequeathed a part of his property to his daughter Tikami and the remaining property was given to his two other wives, named above, for their maintenance with the condition that they would not have the power to alienate the same in any manner. As per the Will, after the death of the above two wives of Hirday Ram, the property was to revert back to his daughter Tikami as absolute owner. After the death of Hirday Ram and his second wife Pari in 1939, the property in question came to be vested with the third wife, Uttamdassi as per the terms of the Will.

(3.) After the coming into force of the Hindu Succession Act, 1956, Uttamdassi claiming to be the absolute owner sold a part of the property to on Sandup on 28-11-1958 predecessor-in-interest of respondent Nos.1 and 2 herein. The said Sandup mortgaged back the property to Uttamdassi who on 2-12-1958 made a gift of another property in favour of respondent No. 3 herein who in turn sold to it respondent No. 4.