Judgment

R.M.SAHAI, J.

(1) DOES the life estate of a widow under a will executed in 1941 gets enlarged into an absolute estate under Section 14(1 of the Hindu Succession Act, 1956 (in brief the Act) if the succession opened after death of the testator in 1958 is the question of law that arises for consideration in this appeal directed against the judgment and order of the Bombay High court (Nagpur bench).

(2) HOW the dispute arose may be narrated, in brief, to determine if the High court committed any error of law in setting aside the concurrent orders passed by the two courts below dismissing the suit of the plaintiff-respondent for declaration of title and recovery of possession. It has been found and is not disputed that the last male holder had two wives. He executed a will of his property in 1941 giving one-half share to each of his wives till their life and the respondent, the only daughter, was to be ultimate beneficiary. The testator died in 1958. The next to die in 1966 was one of his wives, the stepmother of the plaintiff. But, few months before her death, she had executed a will in favour of the defendant-appellant, a complete stranger to the