1963 Supreme(Mad) 178
MADRAS HIGH COURT
ANANTANARAYANAN,RAMAKRISHNAN
K.M.Venugopal Pillai
Versus
K.M. Madhava krishnan and others
Appeals Nos. 280 322 and 440 of 1959 and Memorandum of Cross-objections in Appeal No. 322 of 1959
Decided On : 3 July, 1963
T.S. Srinivasan and T. Satyadev, P.R. Gopalakrishnan and S. Jayakumar, for Appellant; R. Gopalaswami Iyengar, D.R. Krishna Rao, K.V. Subramanian, P.R. Varadarajan, T.N. Ramamurthi and K.N. Balsubramanian, for Respondents.
S. 14(1) of the Hindu Succession Act, 1956 enlarged the limited interest obtained by the widows under S. 3(2) of the Hindu Women's Rights to Property Act, 1937, as the interim final decree did not specify the nature of the interest obtained by the widows in any manner and S. 14(2) of the Hindu Succession Act, 1956 did not apply to the present case.
Headnote:
HINDU LAW - PARTITION - CONSENT DECREE - EFFECT OF S. 14(1) OF HINDU SUCCESSION ACT, 1956 - WHETHER ENLARGED THE LIMITED INTEREST OBTAINED BY WIDOWS UNDER S. 3(2) OF HINDU WOMEN'S RIGHTS TO PROPERTY ACT, 1937 - VALIDITY OF S. 14(1) IN THE LIGHT OF S. 3(2) OF THE 1937 ACT - WHETHER S. 3(2) OF THE 1937 ACT IS UNCONSTITUTIONAL AND ULTRA VIRES OF THE LEGISLATURE.
Fact of the Case:
In a partition suit, the interim final decree specified and declared the items allotted to the second and third defendants, the widows of the deceased, in terms of a consent between the parties. Subsequently, a contention arose whether the limited interest obtained by these ladies under that decree, became enlarged to an absolute interest by virtue of S. 14(1) of the Hindu Succession Act, 1956, and the extent to which S. 14(1) of that Act affected such enlargement.
Finding of the Court:
The court held that the interim final decree, which was the consent decree in the suit, did not specify the nature of the interest obtained by the widows in any manner. The court further held that S. 14(2) of the Hindu Succession Act, 1956, which provides that nothing contained in Sub-Sec. (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, did not apply to the present case, as the widows "acquired" the right under the decree, and the decree did not preserve a restricted estate in the property.
Issues: 1. Whether S. 14(1) of the Hindu Succession Act, 1956 enlarged the limited interest obtained by the widows under S. 3(2) of the Hindu Women's Rights to Property Act, 1937? 2. Whether S. 14(1) of the Hindu Succession Act, 1956 is valid in the light of S. 3(2) of the 1937 Act? 3. Whether S. 3(2) of the 1937 Act is unconstitutional and ultra vires of the Legislature?
Ratio Decidendi: 1. The court held that S. 14(1) of the Hindu Succession Act, 1956 enlarged the limited interest obtained by the widows under S. 3(2) of the Hindu Women's Rights to Property Act, 1937, as the interim final decree did not specify the nature of the interest obtained by the widows in any manner and S. 14(2) of the Hindu Succession Act, 1956 did not apply to the present case. 2. The court did not decide on the validity of S. 14(1) of the Hindu Succession Act, 1956 in the light of S. 3(2) of the 1937 Act, as it was not necessary for the purpose of the appeal. 3. The court did not decide on the constitutionality of S. 3(2) of the 1937 Act, as it was not necessary for the purpose of the appeal.
Final Decision: The appeals and the memorandum of cross objections by the plaintiff were dismissed except to the extent of the modification furnished by the court.
ANANTANARAYANAN, J. :- In a suit for partition tried before the learned Sub-ordinate Judge of Erode (U. S. No. 87 of 1956), the following were the relationships between the parties, which writ also explain the array of the parties before us in the respective appeals. There was a certain Marimutnu Pillai who had two wives, the junior wife being the second defendant in the suit by the senior wife, he lad two sons, the first defendant and) one Rajagopala Pillai, who is dead, the husband of the third defendant. The plaintiff is the son by the junior wife, and defendants 4 and 5 are the daughters of the third defendant and Rajagopala Pillai aforesaid. The sixth defendant, who is a party with significant claims relative only to certain properties cl. D schedule, is alleged to be the permanently Kept mistress of the first defendant. Defendants 7 to 116 ware impleaded as tenants of B schedule properties, and with most of those parties we are not now concerned. But we might briefly note that defendants 102 and 115 are me sons of the first defendant.
2. App. No. 322 of 1959 has bean preferred by defendants 102 and 115, the sons of the first defendant earlier referred to, App. No. 280 of 1959 has been preferred by the father (first defendant), and App, No. 440 of 1959 has been preferred pay the second defendant (Parmayee Animal alias Trangamal) the junior wife, the memorandum of cross objections in App. No. 322 of 1959 has been instituted by the plaintiff, and is confined to certain restricted pleas that we shall later take note of.
In this context itself, it will be necessary to note that the deceased Marimuthu Pillai left considerable moveable and immoveable properties, at the time of his death, including substantial cash, and securities such as fixed deposits in two locked iron safes. Several of the areas of controversy in this suit, such as the truth of a prior averaged partition, or the actual shares of the parties, are no longer in dispute. It is not in dispute that the disruption or the family was on 15-12-1953, with the notice given by the plaintiff of his severance in status, and that the death of the father occurred on 10-4-1953. It is not now in dispute that the plaintiff is entitled to a fourth share of the assets, second defendant similarly to a fourth snare, defendants 1 and 3 each to a fourth. The parties agree that the properties were divided after the suit by mutual co-operation between them, and that there was an interim final decree on 19-11-1954, at which the immoveable properties were apportioned.
3. In view of the above facts, and as we indicated earlier, it is with regard to certain restricted areas of the controversy alone that the appeals have been argued before us. As far as the two ladies in the suit were concerned, namely, the second defendant and the third defendant, the interim final decree specified and declared the items allotted to them, in terms of a consent between the parties, this is a consent decree, which has Become final. Nevertheless, subsequent to the suit, a contention arose whether me limited interest obtained by these ladies under that decree, became enlarged to an absolute interest by virtue of S. 14(1) of Act ***** of 1956, and the extent to which S. 14(1) of that Act affected such enlargement. It wilt be immediately noticed that at the time of the interim final decree, the nature of the interest obtained by these ladies has necessarily to be defined in terms of S.3(2) of Act XVIII of 1937. The only parties who could raise this controversy were the first defendant and his sons, defendants 102 and 115; even with regard to them, the point was highly academic. They are not the immediate reversioners to the ladies, assuming that the court had to anticipate rights to the properties after the respective lives of the ladies who have also made alienations of some items and they could be regarded even as ultimate reversioners only by the contemplation of several contingencies which cannot now b