IMPORTANT POINT
When husband’s limited right of life time interest flows from a compromise, his wife cannot have better right than him. Section 14(2) would apply and the wife’s right cannot enlarge into full ownership.

JUDGMENT :

S.ABDUL NAZEER, J.

1. This appeal by the appellants-defendants is directed against the judgment and decree in RSA No. 1571of 1985 dated 31.08.2007 passed by the High Court of Punjab and Haryana, whereby the judgment and decree of the First Appellate Court has been set aside and the judgment and decree of the trial Court has been restored.

2. The plaintiffs filed the civil suit No. 34 of 1977 for possession of 1/6th share of agricultural land measuring 348 kanals 14 marlas along with rights in well etc. situated in village Berli Khurd, Tehsil Rewari. It was alleged in the plaint that one Har Narain was the ancestor of the plaintiffs. He had three brothers, namely, Jag Ram, Jas Ram and Mukh Ram. All the three brothers died issueless and Har Narian became the owner of the suit property. Har Narian had four sons, namely, Udmi, Bhoru, Shadi and Murli. Murli died during the life time of Har Narain. Murli had two sons, namely, Chhaju and Chiranji, who were minors at the time of the death of Murli. One Sheo Lal son of Anta, and Makhan son of Chunna got their names entered in the revenue record showing themselves to be sons and the heirs of Har Narian. Sheo Lal and Makhan applied for partition which was stayed by the Assistant Collector First Grade, Gurgaon as in the meanwhile their title was challenged. The Assistant Collector First Grade, Gurgaon allowed the parties to get the question of title decided in the Civil Court. Therefore, the plaintiffs filed the suit for declaration to the effect that Sheo Lal and Makhan were not the sons of Har Narian and were not the co-sharers in the suit land.

3. This suit was dismissed by the Trial Court on 23.12.1929. The appeal filed by the plaintiffs challenging the said decree was allowed by the District Judge, Gurgaon and the decree of the Trial Court was set aside vide judgment and decree dated 21.07.1930. Sheo Lal and Makhan challenged the said decree by filing a second appeal which was allowed by the High Court in part and the case was remanded to the District Judge for fresh disposal. On remand, the parties entered into a compromise and a compromise decree came to be passed.

4. It was further contended by the plaintiffs that in terms of this compromise, Sheo Lal was given a limited right to use the land in question without any right to alienate or mortgage the property. It was agreed that on the death of Sheo Lal, in absence of any male lineal, his surviving wife would also have the limited right in the land which comprised of 1/6th share of the total estate of Har Narain. Under the compromise, it was stipulated that after the death of the widow, in the absence of any male lineal, the land will revert to the plaintiffs i.e. the heirs of Har Narain, who will be entitled to take possession and Makhan will have no right over the land. Sheo Lal died somewhere in the year 1961-1962. On his death, mutation was entered in favour of Smt. Chhimli, who was the wife of Sheo Lal and the daughters of Sheo Lal. On the death of Chhimli in the year 1976, plaintiffs filed the suit for possession of the 1/6th share which was earlier held by Sheo Lal and upon his death by Smt. Chhimli.

5. The defendants filed the written statement opposing the suit by contending, inter alia, that after the death of Sheo Lal, his widow Smt. Chhimli acquired absolute ownership right by virtue of Section 14(1) of the Hindu Succession Act, 1956 (for short ‘the Act’). The Trial Court vide judgment and decree dated 12.06.1979 held that Sheo Lal came into possession of the suit property by virtue of the compromise decree. It was further held that Smt. Chhimli is not entitled to the benefit of Section 14(1) of the Act as Sheo Lal had limited right under the decree of the court and in this way Section 14(1) will not apply and her estate is not enlarged into full ownership. It was held that the limited right granted to Smt. Chhimli cannot be inherited by her heirs and the same will revert to the plaintiffs in terms of the compromis