RANGANAYAKIAMMAL Vs. R SRINIVASARAGHAVAN

JUDGEMENT

(1.) Interpretation of Sec.14 of the Hindu Succession Act, 1956, with reference to the facts of the case arises in this Second Appeal.

(2.) It appears 35 cents of land of one Ramaswamy Iyengar was acquired by the Government under Land Acquisition Act and an award was passed for Rs. 2,181/-. There were two claimants for this amount. One is Ranganayakiammal - Ramaswamy Iyengar's second wife and the other is Srinivasaraghavan - son of Ramaswamy Iyengar through his first wife, each of them making a claim for the entire amount. Because of this dispute the matter was referred to the Court.

(3.) The said Ramaswamy Iyengar had executed a Will Ex.B2 dated 8-8-1943. The said land acquired by the Government was one of the items scheduled in the Will. As per the terms of the Will Ranganayakiammal is to enjoy the land during her life time and after her Srinivasaraghavan is to take the property absolutely. Ranganayakiammal will have no right to dispose of the land. Ranganayakiammal contended that though she has been given life estate in the Will, by virtue of S. 14(1) of the Hindu Succession Act, 1956, she had become the full owner and therefore she was entitled to the entire award amount. As against this Srinivasaraghavan contended that to the device under the Will subsection (1) of S.14 will not apply and subsection (2) will apply, and t.4at being the case there is no question of Ranganayakiammal becoming full owner under sub-section (1) of S.14, and therefore she is only a limited owner of the land and hence the award amount has to be invested and Ranganayakfammal will be entitled to the interest thereon till her life-time.