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1996 Supreme(Mad) 270

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SATHASIVAM
Rengasami Angurar and Others - Appellant
Versus
Nacharammal and Others - Respondents
S.A. No.10 of 1983
Decided On : 23 February 1996

Appearing Advocates:K. Chandramouli Senior Counsel, G. K. Selvaraj Counsel, K.A. Ravindran Counsel, Advocates.

Property acquired by a Hindu woman in lieu of her right to maintenance under a pre-existing right becomes an absolute estate under Section 14 of the Hindu Succession Act, 1956, and any restriction on her interest is wiped out.

Headnote:

HINDU SUCCESSION ACT - SECTION 14 - PROPERTY ACQUIRED BY HINDU WOMAN IN LIEU OF MAINTENANCE - ABSOLUTE ESTATE - ENLARGEMENT OF LIMITED INTEREST - PRE-EXISTING RIGHT - HINDU WOMEN'S RIGHT TO PROPERTY ACT, 1937 AND 1946.

Fact of the Case:

The plaintiff, daughter of Lakshmana Angurar, filed a suit for partition and separate possession of ancestral properties. The defendant, son of Ramasami Angurar, claimed that there was a prior partition and that the plaintiff's mother was given some properties in lieu of maintenance under a registered maintenance deed executed in 1929.

Finding of the Court:

The trial court and the lower appellate court found that there was no prior partition and that the plaintiff was entitled to a share in the suit properties as per the provisions of the Hindu Succession Act, 1956.

Issues: 1. Whether the plaintiff is entitled to any share in the suit properties. 2. Whether the Hindu Women's Right to Property Act, 1937 and 1946, and the Hindu Succession Act, 1956, apply to the case.

Ratio Decidendi: 1. The court held that the plaintiff was entitled to a share in the suit properties as per the provisions of the Hindu Succession Act, 1956, as her mother had acquired an absolute estate in the properties given to her in lieu of maintenance under the Hindu Women's Right to Property Act, 1937 and 1946. 2. The court held that the Hindu Women's Right to Property Act, 1937 and 1946, and the Hindu Succession Act, 1956, applied to the case as the plaintiff's mother died in 1969, after the enactment of these Acts.

Final Decision: The second appeal was dismissed, and the concurrent findings of the courts below were confirmed.

Judgment :-

The legal representatives of the defendant are the appellants in the above second appeal.

2. The first respondent herein filed O.S. No.311 of 1981 on the file of the District Munsif's Court, Pudukkottai for partition and separate possession. The averments in the plaint are as follows:- The plaintiff is the daughter of deceased Lakshaman Angurar. Her grandfather Valathan died long ago leaving his two sons namely Ramasami Angurar and Lakshmana Angurar. The defendant is the son of Ramasami Angurar. After the death of Valathan Angurar his properties were inherited by Ramasami Angurar and Lakshmana Angurar and were enjoyed by them jointly. Ramasami Angurar predeceased Lakshmana Angurar. Lakshmana Angurar left behind his wife Kasi Ammal who became entitled to the properties representing the undivided share of Lakshmana Angurar. Kasi Ammal died in or about 1969 leaving the plaintiff only. After the death of Lakshmana Angurar, the defendant and Kasi Ammal enjoyed the properties jointly. It is further contended that after the death of Kasi Ammal, the defendant had been giving the share of income to the plaintiff till about 1975. The plaintiff is in joint possession of the suit properties with the defendant for all purposes. In or about 1975 the plaintiff's husband deserted her and she is living in the house of Lakshmana Angurar. Taking advantage of the helpless position of the plaintiff, the defendant schemed to convert her mother's Sridhana properties about 7 Mas of land in the hands of the plaintiff. Since the plaintiff refused to part away with the properties, the defendant stopped giving her share of income. Inspite of several Panchayats, the defendants did not comply with the demand of partition of the ancestral properties of the defendant's father and the plaintiff's father. It is further contended that after the death of Lakshmana Angurar, his wife Kasi Ammal became entitled to the share by virtue of Hindu Women's Right to Property Act. After the death of Kasi Ammal in the year 1969, the plaintiff is entitled to half share in the suit properties. With these averments the plaintiff prayed for a decree for partition and separate possession.

3. The defendant filed a written statement in the following manner:- The defendant admits the relationship between Ramasami Angurar and Lakshmana Angurar. After the death of Valathan Angurar, the suit properties and some other properties were inherited by his two sons. Lakshman Angurar went to Ceylon and returned to the village after the death of Ramasami Angurar and was managing the properties. This defendant and two other brothers were minors when Lakshmana Angurar engaging himself in evil ways and he contracted heavy debts. Therefore, at the instance of close relatives, the family properties were divided and Lakshmana Angurar put this defendant and his brothers in possession of their shares. Five years after the partition, Lakshmana Angurar died and the plaintiff was just then born. In the year 1929, the plaintiff's mother could not manage the properties or the debts. Then at her request and at the instance of the villagers it was agreed that Kasi Ammal should be given some properties to be enjoyed by her till her life time and later given to the plaintiff and it was further agreed that the defendant and his brother Govindasamy should pay off all the family debts created by deceased Lakshmana Angurars Accordingly, the arrangement was put into writing and signed by both the parties and it was duly registered. Accordingly Kasi Ammal enjoyed those properties and after her demise the properties has been inherited and h enjoyed by the plaintiff. The defendant further contended that there was no panchayat as alleged by the plaintiff. The suit is a bad for non-joinder of parties, as this defendant's brother's wife is alive and she should have been added as a party. Subsequent to the death of Lakshmana Angurar there was a partition between this defendant and his brother Govindasamy. He fur















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