RAJ KUMARI SHARMA Vs. RAJENDER NATH DEWAN

JUDGEMENT

(1.) The dec ision of these appeals turns upon the construction of the Will as to the nature of the estate granted by the testator to his widow, whether it was a "woman's estate" or "widow's estate" under Hindu Law or merely a limited "life estaie' and to the scope and effect of Section 111 of the Indian Scession Act, 1925 as to the vesting of the estate in the class of persons described as legal heirs of the testator.

(2.) The plaintiff who is the appellant herein and defendants 6, 7 and 8 are the daughters of Shri Ram Nath Dewan and defendant No. 1 was his son (now represented by his legal heirs). Smt. Satyawati was the wife of Shri Ram Nath Dewan and the mother of plaintiff, defendants 1, 6, 7 and 8. Shri Ram Nath Dewan acquired perpetual lease hold rights in respect of plot No. 5, Doctor's Lane, New Delhi. He constructed a building on the said plot of land known as No. 5, Doctor's Lane, New Delhi. Shri Ram Nath Dewan executed a registered Will and testament on April 10, 1942. According to the Will Shri Ram Nath Dewan, the testator, bequeathes the user, enjoyment and interest of his house on part plot No. 5 in Block No. 88, Doctor's Lane, New Delhi worth Rs. 50,000 to his wife, Smt. Satyawati, the demisee during her life after his (testator) death and declares that after her (demisee) death the property will go to the legal heirs of the testator. It is directed that the said demisee will continue to live in the said house according to her sweet Will and shall also have a right to give the said property on rent to any tenant and that the said demisee shall have no right to transfer the property in any way whatsoever. The demisee is also given the right without interference of the legal heirs to appropriate and spend the rents and profits thereof and to make additions, alterations in the building accommodation in accordance with her sweet will and desire and she is made the whole and sole manager and beneficiary of the said property during her lifetime. She is made liable to pay the lease money and to effect repairs.

(3.) Shri Ram Nath Dewan is alleged in the plaint of the suit to have owned and possessed property bearing No. 56, Todar Mal Lane, New Delhi and lands measuring 400 square yards comprised in two plots situate in Vishwas Nagar Colony in Shahdara. According to the plaintiff, Smt. Satyawati owned and possessed property No. 58, Todar Mal Lane, New Delhi as her absolute property, that Ram Nath Dewan died on April 3, 1953 and that on his death Smt. Satyawati acquired life estate/life interest in property No. 5, Doctor's Lane, New Delhi under the Will and in other properties left by him under Hindu Law. Smt. Satyawati died on July 2, 1972. According to the claim made by the plaintiff in the suit, the legal heirs of the testator Shri Ram Nath Dewan acquired the property bearing No. 5, Doctor's Lane, New Delhi as absolute owners on the death of Smt. Satyawati in equal shares. They also, on <PG>141</PG> the death of their mother, acquired property Nos. 56 and 58, Todar Mal Lane, New Delhi, lands situated at Shahdara and other movable properties as mentioned in the schedule to the plaint. Reference is then made to the power of attorney alleged to have been executed by defendant No. 1 in favour of Shri G.C. Sharma, defendant No. 2 who is alleged to have executed the sale deed dated March 4, 1971 in respect of property No. 5, Doctor's Lane, New Delhi in favour of defendants 3 to 5. This sale deed dated March 4, 1971 is alleged to be wholly fictitious, illegal and without consideration and not binding on the plaintiff and other defendants.