R.G.KETKAR
Yeshwant Maruti Lonkar – Appellant
Versus
Anjanabai Dinkar Dhamdhere – Respondent
1. Heard Mr. A.V. Anturkar, learned counsel for the appellants, Mr. V.S.Kapse, learned counsel for respondent nos.1(g),1(h) and 1(i), Mr. A.Y.Sakhare, learned Senior Counsel for respondent no.2 in both the Appeals at length.
2. The short question that falls for determination in these Appeals is as to whether in the facts and circumstances of the present case, it is sub-section(1) or sub-section(2) of Section 14 of the Hindu Succession Act, 1956 (for short, 'Act') applies. In that context, it is appropriate to quote the observations made by Honourable Mr. Justice P.N.Bhagwati (as the learned Chief Justice of India then was) in paragraph 67 of V. Tulasamma Vs. Sesha Reddy, (1977) 3 Supreme Court Cases 99):-
“…The question is of some complexity and it has evoked wide diversity of judicial opinion not only amongst the different High Courts but also within some of the High Courts themselves. It is indeed unfortunate that though it became evident as far back as 1967 that Sub-sections (1) and (2) of Section 14 were presenting serious difficulties of construction in cases where property was received by a Hindu female in lieu of maintenance and the instrument granting such property
R.B.S.S.Munnalal Vs. S. S. Rajkumar (AIR 1962 SC 1493)
Kalyani Vs. Narayanan (AIR 1980 SC 1173)
Gulwant Kaur Vs. Mohinder Singh (AIR 1987 SC 2251)
Laxmappa Vs Balawa Kom Tirkappa Chavdi (1996) 5 SCC 458)
V. Rajeshwari Vs. T.C.Saravanabava (2004) 1 SCC 551)
Makhija construction and Engg (P) Ltd Vs Indore Development Authority (2005) 6 SCC 304)
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