SETHBADRI PRASAD Vs. KANSO DEVI

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Punjab High Court, (Circuit Bench, Delhi). The facts may be briefly stated:One Gajju Mal had five sons, Badri Pershad, Ganesh Dass, Devi Chand, Narain Das and Ishar Das. The first four were by his first wife, whereas the 5th son Ishar Das was by his second wife Smt. Kanso Devi. Gajju Mal died in 1947 leaving him surviving the said five sons and Smt. Kanso Devi. On August 5, 1950 Tulsi Ram Seth was appointed by the parties as an arbitrator for resolving certain differences which had arisen relating to partition of the urban immovable properties and other assets and liabilities left by Gajju Mal. On October 31, 1950 the arbitrator gave his award. Under cl. 6 of this award Smt. Kanso Devi was awarded three sets of property including bungalow No. 20, Alipore Road, Delhi.The award was made the rule of the court. It was stated in the award that Smt. Kanso Devi would have a widow's estate in the properties awarded to her. It was also provided that the immovable properties allotted and awarded to the various parties would be individually and exclusively owned by them and each party would be entitled to take physical or constructive possession of the properties allotted and awarded to his or her share.

(2.) Badri Pershad, the appellant before us, filed a suit in August 1961 against the respondent Smt. Kanso Devi pleading inter alia that she was a limited owner of the property which had been given to her by the award and that she was trying to alienate the same and commit acts of waste to the prejudice of the reversioners. He asked for a perpetual injunction restraining her from committing acts of waste and from alienating the suit properties. The respondent contested the suit. On the plea of the parties the trial court framed seven issues out of which the material one was No. 4 which was in these terms:

(3.) The sole question for determination is whether the case of the respondent was governed by sub-s. (1) or sub-s. (2) of section 14 of the Hindu Succession Act, hereinafter called the Act. This section reads: