The provisions of sub-section (1) of Section 14 of the Hindu Succession Act, 1956, do not apply to 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.

RAJENDRA NATH MITTAL, J.

1. Smt. Jaswant Kaur, defendant, has filed this second appeal against the judgment and decree of the Additional District Judge, Faridkot, dated Dec. 4, 1963, by which he affirmed the judgment and decree of the trial Court passed in favour of Major Harpal Singh, plaintiff.

2. Briefly the facts of the case are that Gurnam Singh, deceased, was the owner of the property in dispute and other properties. He executed a will in respect of his entire property on June 5, 1938 and bequeathed half of his landed property and some houses in favour of Major Harpal Singh, his younger brother and the remaining moveable and immoveable property in favour of Smt. Jaswant Kaur, subject to the condition that she would utilise the income of the property during her lifetime for the purpose of maintaining herself and her two daughters, and after her death, that would revert to the plaintiff. Gurnam Singh got the aforesaid will registered on June 6, 1938, at Kasauli. He died on June 8, 1938, leaving behind Smt. Jaswant Kaur widow two minor daughters, and Major Harpal Singh, brother.

3. Smt. Jaswant Kaur executed five instruments regarding the property in dispute, namely, three gift deeds, Exhibits P-22, P-23 and P-24 in favour of her two daughters, one sale deed, Exhibit P-25, in favour of defendant No. 4 and one mortgage deed, Exhibit P-26 in favour of defendants 5 and 6. Major Harpal Singh, plaintiff, instituted a suit for declaration to the effect that all the alienations effected by Smt. Jaswant Kaur, were illegal and in excess of the rights conferred upon her by the will and consequently these are not binding on the plaintiff. He also made a prayer for grant of mandatory injunction restraining the said defendant from making further alienations of the property in her possession. The suit was contested by Smt. Jaswant Kaur, defendant, inter alia, on the ground that by virtue of Hindu Succession Act, 1956 (hereinafter referred to as the Act), the estate conferred on her was enlarged and she became full owner of the property. The trial Court held that she did not become owner by virtue of the provisions of the Act. Consequently it decreed the suit of the plaintiff, Smt. Jaswant Kaur, defendant, went up in appeal before the Additional District Judge, Faridkot, who affirmed the judgment and decree of the trial Court and dismissed the same. She has come up in second appeal to this Court.

4. The appeal came up for hearing before A. D. Koshal, J. A contention was raised on behalf of the appellant that the widow had a pre-existing right in the property of her husband whose will granting her a restricted estate, fell within the ambit of sub-s.(1) of S.14 of the Act. In support of the contention, the learned counsel placed reliance on a Division Bench judgment of this Court in Nand Singh V/s. Nachhattar Singh, 1976 1 ILR(P&H) 394. Mr. Sethi, counsel for the respondent, challenged the aforesaid contention of the appellant. The learned Judge observed that the question raised was one of difficulty and importance which required to be determined by a Full Bench as Nand Singh s case was disposed of by a Division Bench of this Court. That is how this case has been placed before us for decision.

5. The sole question that requires determination is whether the case of the appellant is governed by sub-s. (1) or sub-s. (2) of S. 14 of the Act. For determining this question, it will be necessary to refer to some portions of the will dated June 5, 1938, executed by Gurnam Singh deceased. He has written in the will that after his death, his real brother, Harpal Singh, would become owner of half share of his agricultural property in various villages along with some of the residential properties, as detailed in the will. The remaining share of his agricultural and residential property, together with other moveable and immoveable property, viz., goods, cash and ornaments, were given by him to Smt. Jaswant Kaur, his wife, for her lifetime. He sp