IMPORTANT POINTS
(1) Female Hindu inheritance – Hindu woman’s right to maintenance was not and is not an empty formality or an illusory claim being conceded as a matter of grace and generosity – Hindu woman’s right to maintenance is a tangible right against property which flows from spiritual relationship between husband and wife.
(2) Female Hindu inheritance – Where a Hindu widow is found to be in exclusive settled legal possession HUF property, that itself would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance, more particularly when surviving coparcener did not earmark any alternative property for recognizing her pre-existing right of maintenance.

JUDGMENT :

Bela M. Trivedi, J.

The present appeal is directed against the judgment and decree dated 20.07.2017 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in S.B. Civil First Appeal No. 120 of 1989, filed by the Appellants under Section 96 read with Order 41 of CPC, whereby the High Court while allowing the said First Appeal has set aside the judgment and decree dated 05.08.1989 passed by the Additional District & Sessions Judge, Class-1, Jaipur (hereinafter referred to as "the trial court") in Civil Suit No. 56/73, and has dismissed the suit filed by the plaintiff Daulalji, the predecessor of the present appellants, against the defendant no. 1 Bhonri Devi, the predecessor of the present respondent Nos. 1 to 3 and others.

2. In order to appreciate the controversy involved in the matter, it would be beneficial to reproduce the genealogical table/pedigree of the families of the parties.

3. The original plaintiff Daulalji filed the suit being No. 56 of 1973 seeking possession of the suit property alongwith the mesne profits, against the original defendant - Smt. Bhonri Devi, widow of Late Shri Dhannalalji and against the other defendant Nos. 2 to 12, who were the tenants in the suit property. The suit property is the house property bearing No. 1875, Chokdi Topkhana Desh, Jaipur which was an ancestral property in the hands of Harinarayanji and his brother Ganeshnarayanji. As per the case of the plaintiff - Daulalji, he was adopted by Sri Bakshji, who was the great-grandson of their common ancestor Gopalji on 11.06.1916. The husband of the defendant No. 1 Bhonri Devi, i.e., Dhannalalji predeceased his father Ganeshnarayanji in 1936. Ganeshnarayanji expired in 1938 and his brother Harinarayanji died issueless on 11.11.1953. As per the further case of the plaintiff Daulalji, Harinarayanji had executed a Will on 30.07.1949 in his favour, and upon his death, on 11.11.1953, he had become the owner of the suit property alongwith other properties of Harinarayanji by virtue of the said Will. Upon the death of Harinarayanji, the defendant No.1 - Bhonri Devi started harassing the plaintiff and therefore the plaintiff left the suit property on 25.12.1953, and since then the defendant No.1 was in possession of the suit property. The defendant Nos. 2 to 12 were the tenants in the part of suit property. The plaintiff Daulalji claimed that after the death of Harinarayanji, he being the only male member in the family as well as the legatee under the Will of Harinarayanji, had become the sole owner of the suit property and, therefore, was entitled to recover the possession of the suit property from the defendant No.1 Bhonri Devi, who had no legal right or interest in the suit property.

4. The suit was resisted by the defendant No.1 Bhonri Devi by filing the written statement, denying the averments and allegations made in the plaint. She also denied any Will having been executed by Harinarayanji in favour of the plaintiff Daulalji and further contended that Harinarayanji, with a view to take her care, after the demise of her husband and father-in-law, had started residing with her in the suit property, however, the plaintiff never resided in the suit property. It was further contended that the defendant Nos. 2 to 12 were giving rent to her, she being the wife of Dhannalalji and daughter-in-law of Ganeshnarayanji, and thus, was in possession of the suit property as an owner and was maintaining herself from the income derived from the suit property. It was also contended that the limited right vested in her favour in the suit property, had enlarged into full ownership by virtue of Section 14(1) of the Hindu Succession Act, 1956, which came into force on 17.06.1956. She, therefore, contended that the suit at the instance of the plaintiff was not maintainable and was liable to be dismissed. The defendant Nos. 2 to 8 and 10 to 12 had also filed their respective written statements contending, inter alia, that the defendant No.1 Bhonri