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2000 Supreme(SC) 804

J.JAGANNADHA RAO, S.B.MAJMUDAR
Balwant Kaur – Appellant
Versus
Chanan Singh – Respondent


JUDGMENT

S.B. Majmudar, J.-The appellants in this appeal, who are original defendant Nos. 1 & 2 in civil suit filed by respondent Nos. 1 to 4 herein have brought in challenge, on grant of special leave to appeal under Article 136 of the Constitution of India, the judgment rendered by learned Single Judge of the High Court decreeing the respondents /plaintiff s suit. This appeal raised a short question as to whether appellant No. 1-original defendant No. 1, who is the widowed destitute daughter to testator-Sham Singh, had acquired full ownership of 1/3rd interest in the suit land pursuant to the will of her father dated 21st August, 1959 or whether she had only a life interest therein, which did not mature into full ownership in her favour under Section 14(1) of the Hindu Succession Act, 1956 (hereinafter referred to as the Succession Act ). The Trial Court, in the suit filed by the respondents /plaintiffs , took the view that appellant No. 1 had only a life interest which she could not bequeath in favour of defendant No. 2 and, accordingly, granted a declaratory decree in favour of the plaintiffs. The learned District Judge, as a Court of first appeal, took a contrary view and dism



















































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