CHAMAN LAL KAPUR Vs. KUNDAN LAL KAPUR

JUDGEMENT

(1.) The present suit involves a question regarding the nature of the estate held by Shrimati Sham Piari who died in Delhi on 23rd February, 1969. The facts of the case are not much in dispute. The said Shrimati Sham Piari was the widow of Seth Boota Mal Kapur; Seth Boota Mal had two wives from each of whom he had a son (We are not concerned with the daughters). The son from the first wife as well as the first wife have died before the partition of the country. There were three grandsons through the elder son who are the plaintiffs in the present suit. The son from the second wife is the defendant. The question before the Court is whether the property left by Shrimati Sham Piari in Delhi was held by her under a life estate and whether the property is to be divided amongst the plaintiffs who get a half share and the defendant who gets the other half share, or whether, the property is to go to the defendant alone. The answer to this question depends on what was the nature of the estate held by the late Shrimati Sham Piari. If it was her absolute property then her natural son Shri Kundan Lal defendant is to get it, but if she has a life estate, then the property has to go according to the terms of a Will left by the late Seth Boota Mal Kapur who had given her the life estate and then directed how the reversion was to be dealt with.

(2.) There were several other questions raised in this suit regarding the valuation for court-fee and whether necessary parties have been joined, but at the trial, the suit has reduced itself basically to the question as to what is the estate which Shrimati Sham Piari had in property she has purchased in Delhi against compensation claims. The facts can now be stated regarding the property. While the parties were all residents at Hoti Mardan in the North Western Frontier Province, Seth Boota Mal had made a Will. Under the terms of that Will he had left a life estate to his second wife Shrimati Sham Piari in respect of some of his property. Seth Boota Mal was alive even at the time of partition and he came to India. The terms of the Will were that Shrimati Sham Piari was to have a life estate and after her death the property was to go in equal shares to Shri Kundan Lal Kapur on the one hand and to his grand-sons through his first wife on the other. Shrimati Sham Piari got her claims verified on the basis of this very Will because Seth Boota Mal died before the claims were verified under the Claims Act of 1950. As a result of those verified claims, Shrimati Sham Piari was able to get compensation under the terms of the Displaced Persons (Compensation and Rehabilitation) Act. The actual compensation that Shrimati Sham Piari got was cash compensation amounting to Rs. 8,000.00 and for the balance, she utilised the claim to purchase properties Nos. 625 to 628, Double Storey Quarters, New Rajinder Nagar, New Delhi. Even after that, there was some compensation left which was used by Shri Kundan Lal to get Flat No. 1, at New Rajinder Market. It is claimed in the plaint that there still remained other compensation which was used by the defendant to purchase some other property of which the details are not known. In any case, it is their contention that Shrimati Sham Piari purchased 4 flats Nos. 625 to 628, Double Storey Quarters, New Rajinder Nagar and also got Rs. 8,000.00 compensation. After her death, the question is whether the property is to be treated as being the same property that was left under the Will or whether the property is to pass as the absolute and complete estate of the lady and, therefore, has to go to her own heirs and not in accordance with the terms of the Will.

(3.) On the pleadings the following issues were framed :