JUDGMENT :

SANJAY KISHAN KAUL, J.

Background:

1. The consequences of a testamentary disposition by a Will dated 15.4.1968 by one Tulsi Ram, who passed away on 17.11.1969 is still pending resolution before us after half a century.

2. The Will aforesaid bequeathed the testator’s estate to his son, the appellant herein, and his second wife Ram Devi (the first wife being deceased whose progeny is the appellant). Land measuring 175 kanals and 9 marla, a residential house and a Bara is Village Jundla, Haryana was bequeathed half and half to the appellant and Ram Devi. However, the nature of bequeath was different for the two. The appellant was given absolute ownership rights to the extent of his share of land and property whereas Ram Devi was given a limited ownership for her enjoyment during her lifetime with respect to her share of the land with a specific provision that she could not alienate, transfer or create third party rights over the same. Thereafter the property was to vest absolutely in the appellant after her lifetime.

3. It appears that the properties were enjoyed as per the Will after the demise of Tulsi Ram in 1969 for quite a few years till the first round of litigation began