Section 14(1) of the Hindu Succession Act, 1956 applies to a case where the Hindu female is dispossessed by a trespasser, as the expression "possessed by" includes cases where the Hindu female has the state of owning the property, even if she is not in actual physical or constructive possession.

Judgement

BHARGAVA, J. : This appeal arises out of a suit brought for possession of some land which was admittedly owned at one time by one Labhu. Labhu died in the year 1917 and, on his death, his widow, Smt. Harnam Kaur, who filed the suit as plaintiff came into possession of the land. She continued in possession of the land until the year 1954 when, on an application made by the collaterals of Labhu, the Naib-Tahsildar, by his order dated 26th June 1954, effected mutation in favour of those collaterals. These collaterals were defendants 1 to 4 Mangal Singh. Amar Singh, Santa Singh and Ishar Singh. These collaterals, on the basis of the order of the Naib-Tehsildar, dispossessed Smt. Harnam Kaur. Harnam Kaur s appeal against the order of the Naib-Tehsildar was dismissed by the Collector. The claim of these collaterals was that Smt. Harnam Kaur had entered into karewa marriage with one of these collaterals, Isher Singh, defendant No. 4 and, consequently, she had lost her right to hold the land of her first husband Labhu. Smt. Harnam Kaur denied that she had entered into any karewa marriage with Ishar Singh and. on the basis of this denial, instituted the suit claiming possession of that land. She pleaded that the four defendants had no right to this land and had wrongfully dispossessed her, so that they were mere trespassers. This suit was instituted on 1st March 1956. After the institution of the suit, the Hindu Succession Act, 1956 (No. 30 of 1956) (hereinafter referred to as "the Act") came into force on 17th June 1956. The suit was at that time, pending and it continued to remain pending until the year 1958 when Smt. Harnam Kaur died. Thereupon, Smt. Rattno applied to be substituted as plaintiff in place of Smt. Harnam Kaur as her legal representative. This application was allowed, though it was opposed by defendants 1 to 3. In the trial of the suit, defendants 1 to 3 took the plea that Smt. Harnam Kaur, the original plaintiff, had lost her right to the land because of her karewa marriage with Ishar Singh, defendant No. 4. Defendant No. 4, however, admitted the claim of Smt. Harnam Kaur in his written statement, denied that he had dispossessed her and also denied the allegation of her karewa marriage with him. In these circumstances, two main questions came up for decision by the trial Court. The first question was whether Smt. Harnam Kaur had entered into a karewa marriage with Ishar Singh, defendant No. 4, so as to lose her right to the disputed land as widow of the previous male owner, Labhu? The second question that arose was whether Smt. Rattno, who was substituted as the legal representative of Smt. Harnam Kaur, was entitled to succeed to the property of Smt. Harnam Kaur? This second question depended on whether Smt. Harnam Kaur had, or had not, become full owner of the land under S. 14 of the Act. The trial Court held that Smt. Harnam Kaur had contracted karewa marriage with Ishar Singh, defendant No. 4, and had lost her rights. The further finding of the trial Court was that Smt. Harnam Kaur had been dispossessed before the Act came into force and, consequently, S. 14 of the Act did not apply, with the result that Smt. Rattno could not claim succession to Smt. Harnam Kaur under that provision of law. On these findings, the trial Court dismissed the suit.

2. On appeal, the Additional District Judge, Patiala, recorded the finding that Smt. Harnam Kaur had not entered into karewa marriage with Ishar Singh, defendant No. 4, and, further, that S. 14 of the Act was applicable to the present case, as the land in suit was possessed by Smt. Harnam Kaur so as to make her full owner of this land under that provision of law. On these findings, the first appellate Court decreed the suit against defendants 1 to 3 with costs in both Courts, after making a comment that Ishar Singh, defendant No. 4, was a pro forma defendant. Defendants 1 to 3, thereupon, came up in second appeal to the High Court of Punjab and impleaded as responde