MANGAT MAL DEAD Vs. PUNNI DEVI DEAD

JUDGEMENT

(1.) This appeal by special leave impugns the judgment and order dated 8th May, 1970 of the High Court of Rajasthan. The issue in the appeal relates to the application of Section 14(1) of the Hindu Succession Act, 1956. It stands outside the line of cases decided by this Court in that it is argued that, in giving maintenance, provision for residence is not to be made.

(2.) One Karam Chand had two sons, Dhanraj and Askaran. Dhanraj died in 1891 leaving no issue. Askaran had two sons, Johri Mal and Bhikam Chand. In 1905 Johri Mal was taken in adoption by Dhanraj's widow. After the adoption of Johri Mal, Askaran and Bhikam Chand remained co-parceners unit the death in 1911 of Bhikam Chand. Bhikam Chand left behind his wife Sukh Devi and a daughter. On 7th February, 1928, Askaran executed a will bequeathing his estate of Johri Mal, Sukh Devi, who has been living with her father-in law Askaran, protested; being the widow of a co-parcener she was entitled to be maintained out of joint family property. An agreement was then entered into between Askaran and Sukh Devi. it was dated 26th June, 1934. It recited that Sukh Devi had been boarding and lodging with Askaran, and that family disputes had arisen. To put an end to the family disputes, Askaran and Sukh Devi, by the agreement, appointed one Mool Chand as arbitrator to"allot property and cost for executant number 2 for her life for residence and maintenance". The arbitrator Mool Chand entered upon the reference and made an award on 9th July, 1934. He set out the particulars of properties belonging to Askaran at Bidasar and Ladnu and gave the choice of selecting one to Sukh Devi to "reside till her life time in them or in it and she can use it in any way she likes. On necessity she will get its pairs done with her own money. She will have no right to sell, mortgage or transfer in any other way. After her death, the properties stated in para No.1 or 2 (whichever she might take) will revert to Askaran, his heirs and legal representatives. Her right will be only in her life time. She is authorised to undertake construction for necessity and convenience. She may increase or decrease apartments with her money. But she will not be authorised to destroy, deteriorate its usefulness and condition, etc.

(3.) Askaran died on 24th April, 1945.