RAM Vs. HUKMI

JUDGEMENT

(1.) The real question which is involved in this second appeal is whether a Hindu widow of an agriculturist in Punjab had a right of maintenance out of family property before the Hindu Succession Act, 1956 came to be applied and, if so, whether the recognition of her said right of maintenance in a content decree obtained by the parties from court before the said Succession Act of 1956 was applied, can bring the case of the same widow within Sub -Section (2) of S.14 of that Act.

(2.) Short facts of the case are that the appellant Siri Ram is a reversioner with regard to the disputed property and has brought this suit for obtaining a decree for declaration to the effect that the sale deed executed by respondent Smt. Hukmi on 30th August, 1966 in favour of defendant -respondent No. 2, Managing Committee, D.A.V. High School, Una, is ineffective as against his rights and for possession of the land in question. The trial Judge came to the conclusion that respondent Smt. Hukmis life interest in the property has ripened into full ownership rights by virtue of the application of Section 14 of the Hindu Succession Act, 1956. The trial court, therefore, dismissed the appellant -plaintiffs suit. This judgement of the trial court has been affirmed by the District Judge in appeal with the result that the appellant has preferred this second appeal which has been referred to a larger Bench.

(3.) Some facts which form the background of this litigation can be stated as under.