PADMA VATI Vs. DASAUNDHI RAM

JUDGEMENT

(1.) The house in dispute belonged to the deceased Shri Bhagat Ram Advocate of Ludhiana who died on Sept.27, 1958. He had two wives. The plaintiff-appellant Smt. Padmavati Ahuja is his daughter from one of the wives. The name of the other wife was Parmeshwari Devi who died childless on Oct. 24, 1963. Shri Bhagat Ram made a gift of the house in dispute in favour of Parmeshwari Devi vide gift deed dt. July 23, 1930 (Exhibit D2). This gift was in lieu of maintenance and it was mentioned in the gift deed that Parmeshwari Devi will be entitled to alienate the same for necessity, but if she does not alienate the house then on her death the house will revert to the donor and in case the donor dies before the donee, then the plaintiff-appellant will become the owner of the house. Subsequently on Sept.23, 1942 Shri Bhagat Ram executed a Will (Exhibit P.1) by which he bequeathed his remaining property in favour of the plaintiff-appellant. In the Will it was mentioned that he had already gifted the house in dispute in lieu of maintenance in favour of his wife Parmeshwari Devi and it was again clarified that after the death of Parmeshwari Devi, Shri Bhagat Ram and on his death the plaintiff-appellant will become owner of the house. Parmeshwari Devi executed a Will dt. April 11, 1963 (Exhibit D.1) bequeathing the house in dispute to Dasaundhi Ram, respondent 1. On her death in October 1963, Dasaundhi Ram took possession of this house in pursuance of the Will and then sold it away to Smt. Sawarna Rani, respondent. 2.

(2.) Claiming that she had become owner of the house on the death of Smt. Parmeshwari Devi, the appellant-Smt. Padmavati Ahuja filed a suit for possession of the house against the respondents Dasaundhi Ram and Smt. Sawarna Rani. It was pleaded that in terms of the gift deed (Exhibit D.2) Smt. Parmeshwari Devi had only life estate in the house and on her death the appellant had become owner thereof since her father had already died. The appellant also claimed mesne profits from the respondents.

(3.) The suit was contested by the respondents mainly on the plea that Parmeshwari Devi had become full owner of the house in dispute under S.14(1) of the Hindu Succession Act and she was fully competent to bequeath the house to Dassaundhi Ram respondent.