Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956: Section 14(1) Hindu Succession Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Law:Hindu Succession Act, 1956:Section 14(1)-Female Hindu-Property-Possession of-Pre-existing right of maintenance-Whether full or limited ownership-Held: If a female Hindu comes into possession of the property by virtue of her pre-existing right of maintenance she becomes full owner of the property-Hence, she has power to execute an agreement for sale in respect of the said property.Specific Relief Act, 1963:Section 20-Specific performance-Jurisdiction to decree-Held: Grant of decree for specific performance is a discretionary one-If decree for specific relief involves hardship on the defendant and no hardship to the plaintiff, then plaintiff can be compensated by a decree of compensation. The father-in-law of respondent-defendant No. 1 executed a deed of settlement, which stipulated payment of a certain sum per month to respondent-defendant No. 1 with a charge over the suit land of the father-in law. Subsequently, by another settlement deed only limited interest was created in favour of respondent-defendant No. 1 and during her lifetime she was given the right to enjoy the income from the properties (suit land) without any power of alienation and after her lifetime the properties would revert back to the settlers.Respondent-defendant No. 2 claiming himself to be the absolute owner of the suit land, executed an agreement for sale in respect of the suit land in favour of respondent defendants Nos. 3 to 6 (purchasers). Subsequently, a sale agreement for the suit land was entered into between the appellant-plaintiff and respondent-defendants Nos. 1 and 2. The appellant-plaintiff filed a suit for specific performance of this agreement for sale. The trial court dismissed the suit on the ground of want of title in respondent-defendant No. 1.The High Court dismissed the appeal on the grounds that respondent-defendant No. 1 was not the full owner of the suit land; that the right for maintenance of respondent-defendant No. 1 sprang from the settlement deed and not under the old 'Hindu Law; that respondent-defendant No. 1 had no pre-existing right of maintenance under the Hindu Law; and, therefore, she was not entitled to get the benefit of Section 14(1) of the Hindu Succession Act, 1956. Hence this appeal. The following questions of law arose before this Court: (1) Whether respondent-defendant No. 1 had any pre-existing right of maintenance pursuant to which she came into possession of the suit land?(2) Whether respondent-defendant No. 1 was entitled to the benefit under Section 14(1) of the Hindu Succession Act 1956? |
Judge | Hon'ble Mr. Justice S.N. Phukan |
Neutral Citation | 2002 INSC 101 |
Petitioner | V. Muthusami(dead) By Lrs. |
Respondent | Angammal And Ors. |
SCR | [2002] 2 S.C.R. 37 |
Judgement Date | 2002-02-26 |
Case Number | 2220 |
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