(1.) This is defendants' regular second appeal against the judgment dated 29.05.2010 passed by the lower Appellate Court, allowing the appeal and decreeing the suit. It reversed the judgment rendered by the trial Court which had dismissed the suit. The substantial question of law sought to be raised in this appeal, is whether the property granted to the wife with a specific recital restraining her interest, could be taken to mean a provision for enlargement of absolute interest by operation of Section 14(1) of the Hindu Succession Act, 1956 (for brevity, "1956 Act").
(2.) For the sake of convenience, the parties are being referred as they were before the lower Court.
(3.) Kanta Devi-defendant No.5 executed a release-deed in favour of her four sons-defendants No.1 to 4 thereby passing on the suit properties in their favour. The release-deed was challenged by the plaintiff Kamal Kishore, brother of defendants No.1 and 4 pleading that the mother had a life interest and the property was to pass on to all the sons in equal shares and she could not release the property and it had created a clog on his right. His claim was that he was entitled to succeed to 1/5th share of the suit property after the death of Kanta Devi in accordance with Will of Bal Kishan(his father).
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