Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956 – ss.14(1) and (2) Hindu Succession Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Succession Act, 1956 (30 of 1956) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Succession Act, 1956 – ss.14(1) and (2) – Applicabilityof – Suit filed by predecessors-in-interest of respondents against‘SL’, predecessor-in-interest of appellants – Compromise decree waspassed wherein ‘SL’ was given limited right to use the suit land andon his death his wife,‘C’ would also have limited right in the landand on her death the land would revert to the respondents-plaintiffs– ‘SL’ died whereafter mutation was entered in favour of ‘C’ – After‘C’ died, respondents-plaintiffs filed suit for possession – Suit decreedby trial court – First Appellate Court reversed the decree – HighCourt restored the decree of trial court – Plea of appellantsdefendantsthat ‘SL’ had subsisting interest in the land as he wasthe owner and possessor of the land even before the compromisedecree and therefore, ‘C’ had right in his property and thus, sheacquired absolute ownership right by virtue of s.14(1) and therefore,High Court was not right in holding that the case falls u/s.14(2) –Held: s.14(1) does not recognize the pre-existing right of a maleHindu – ‘SL’ was granted limited right not in recognition of his preexistingright – In terms of the compromise decree ‘SL’ merely gotrestrictive possessory rights – Suit property never became the selfacquired property of ‘SL’ – His widow ‘C’ did not hold the land inlieu of maintenance which can be enlarged into absolute ownershipby virtue of s.14(1) – There were no pre-existing rights of either‘SL’ or his widow ‘C’ – ‘C’ could not have acquired a better rightthan her husband had in the property in dispute – Therefore, herright would not mature into full-fledged ownership by virtue ofs.14(1) – She acquired the right by virtue of compromise decree forthe first time and, therefore, s.14(2) would apply to the instant case. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2018 INSC 459 |
Petitioner | Basanti Devi (dead) By Lrs. & Ors. |
Respondent | Rati Ram & Ors. |
SCR | [2018] 6 S.C.R. 1029 |
Judgement Date | 2018-05-08 |
Case Number | 7919 |
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