Judgement

CHINNAPPA REDDY, J.:- Major General Gurbux Singh and his wife Gulwant Kaur were estranged and were living apart. Their son and daughter-in-law were living with Gulwant Kaur at Chandigarh. Gulwant Kaur was apparently complaining that Major General Gurbux Singh was not providing her with adequate maintenance. Therefore, on July 28, 1958, he wrote her a letter, the relevant parts of which are as follows

"To,

Shrimati Gulwant Kaur,

You have been complaining that I have not paid even a penny for maintenance for the last seven/eight months. Here is an account from November 1957 to July, 1958, the details of which run as under :

x x x x x x x x x x

Now, so far as the question of future expenses is concerned, the maintenance shall be like this :

For Yourself;

1. The land and house situated at Mangwal, which was constructed with the earning of my whole life is entrusted to you, the half portion of which already stands in your name and in lieu of the produce thereof Madanjit shall provide to you, if not more, free lodging and boarding (expenses for maintenance). You stay in your own home.

2. The land at Khurana is also entrusted to you. Its produce, lease money, etc. will fetch you a minimum of Rs. 1200/- annually i.e. Rs. 100/- per month for maintenance.

3. 1 shall pay Rs. 100/- every month for maintenance.

x x x x x x x x x x"

The letter of Gurbux Singh suggested that he was making adequate provision for meeting the expenses of Gulwant Kaur even at the cost of great inconvenience and discomfort to himself and so Gulwant Kaur was not entitled to complain. Gulwant Kaur apparently felt disgusted and frustrated at the tone of the letter and by her letter dated August 5, 1958, she queried if she was not to take maintenance from Gurbux Singh from who else was she to get any maintenance. She said that she was not demanding anything and made no claim on him and that everything including the land and Kothi belonged to him. The Khurana land also belonged to him. He might give her maintenance or not give her maintenance as he chose. She said that she was nothing more than a heap of dust and her life was not worth living. In another portion of the letter, she mentioned that the Khurana land had not yet been leased and that there had been some delay. Other correspondence passed between the parties which is not important for the present case. Later, after a few years, Gurbux Singh conceived the idea of selling the Khurana land. The wife protested. Her letter dated January 15, 1966 was as follows :-

"Most respected husband.

Sat Siri Akal,

Previously in the summer, Col. Gurcharan Singh told us that you want to sell the land of Khurana. Now, on the day you visited Sangrur, it was learnt from you that you were interested in selling the land. I also told you that we depend upon only that. This land was given to me by you voluntarily. You had written letters to me and Madanjit on July 28, 1958 copy whereof is being sent to you by me. Therein, it was decided that I would continue enjoying the produce thereof till my life . Now, on hearing that you want to sell it, I was very much shocked ................ Now this letter is being written to you in order to impress upon you not to sell the land of Khurana because Madanjit and I depend upon it. You are very well aware that we do not possess anything else ............. I fully hope that you will continue giving me this land and the maintenance grants to me as per your decision and will not think of selling this land. You are aware how we are hardly maintaining ourselves. I have made this prayer to you. I have full right over it. I hope that you will reply soon."

Gulwant Kaurs letter did not have any effect on Major General Gurbux Singh. Instead of replying her, he sold the Khurana land to the plaintiff-respondent on June 18, 1968. The purchaser instituted