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1997 Supreme(SC) 379

A.S.ANAND, K.VENKATASWAMI
Ram Kali – Appellant
Versus
Choudhri Ajit Shankar – Respondent


JUDGMENT

Venkataswami, J.-The question that falls for consideration in this Civil Appeal can be framed as follows :-

"Whether the limited Estate (including the suit house) given by the gather-in-law under a registered Will dated 5.1.1921 to his widowed daughter-in-law enlarges into an absolute estate under Section 14(1) of the Hindu Succession Act, 1956 on the facts of this case."

2. It is surprising that in spite of a three Judge Bench judgment of this Court in V. Tulsamma and Others v. Sesha Reddy (dead) by LRs.1 clearly explaining in detail the scope and ambit of sub-sections (1) and (2) of Section 14 of the Hindu Succession Act, 1956, the High Court without referring to that case has reached a palpably erroneous conclusion on the scope of Section 14(1) of the said Act.

3. This appeal by special leave arises out of a suit filed by one Ch. Rajendra Shankar, the predecessor in title of the respondents herein, seeking a declaration that the sale in favour of the appellant herein will not bind him as he was the absolute owner of the suit house. One Kamlawati widowed daughter-in-law of Bapu Ram Ratanlal, sold the suit house to the appellant under a registered sale deed dated 18.10.1965 f






















































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