( 1 ) PRAYER (j) of the summons is opposed and raises an interesting question as to the construction of the Hindu Succession Act, 1956. The rest of the application is not opposed. The dispute relates to the properties belonging to the estate of one Debendra Nath Datta who died on 8-12-1947 leaving behind him as his heirs a widow the plaintiff Billabasini Datta and four sons, named, Dulal, Balai, Lakhshminarayan and Rajnarayan and two daughters named Sm. Sabitri and Sm. Namita.

( 2 ) THIS is a suit for a declaration of the shares of the parties and for partition of the estate of Debendra Nath Datta and was instituted on 10-4-1954. On 21-12-1954 a preliminary decree was passed in this suit. By that decree it was declared that the widow Billabasini and each of the four sons Dulal, Balai, Lakshminarayan and Rajnarayan was entitled to one equal fifth part or share of the immovable properties belonging to the estate and that the daughters Sabitri and Namita were entitled to have provisions made for their marriage expenses, maintenance and residence and it was ordered and decreed that a partition be made of the properties into five equal parts or shares and that the Commissioner do allot one equal fifth part or share of the properties to each of the four sons and also one equal fifth part or share of the said properties to the widow Billabasini Datta to be held and enjoyed by her as a Hindu widow in the manner prescribed by the Hindu Law.

( 3 ) THE Hindu Succession' Act, 1956 came into force on 17-8-1956. This summons was taken out on 16-3-1957.

( 4 ) PRAYER (j) of the summons is as follows:"the Commissioner of Partition be directed to allot to the petitioner Sm. Billabasini Datta one equal fifth part or share of the properties to be held and enjoyed by her in severalty absolutely. "this prayer is made in view of Section 14 of the Hindu Succession Act, 1956, which reads as follows :"14. Property of a female Hindu to be her absolute property.-- (1) Any property possessed by a female Hindu whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.--In this sub-section, "property" includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. (2) Nothing contained in Sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property. "

( 5 ) ON behalf of Billabasini Datta Mr. Sinha contends that Sm. Billabasini is entitled to hold the one-fifth share of the properties vested in her as a full owner. On the other hand Mr. Sen contends that-- (a) the Hindu Succession Act, 1956, and in particular Section 14 of the Act does not apply to a pending litigation; (b) that the one-fifth share in the properties has vested in Sm. Billabasini by and under the preliminary decree and accordingly Sub-section (2) of Section 14 applies and Sm. Billabasini is not entitled to any relief as prayed for. In my opinion, Mr. Sinha's contention ought to succeed.

( 6 ) ON the death of Debendra Nath Mullick, Sm. Billabasini became entitled in respect of all his properties to the same share as a son in view of Section 3 of the Hindu Women's Rights to Property Act, 1937. Billabasini acquired a share in the properties by inheritance immediately on the death of Debendra. The share so acquired by inheritance before the commencement of the Act is indisputably

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