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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 6222 of 2000

PETITIONER:

Hardev Singh

RESPONDENT:

Gurmail Singh (Dead) by LRs

DATE OF JUDGMENT: 02/02/2007

BENCH:

S.B. Sinha & Markandey Katju

JUDGMENT:

J U D G M E N T

S.B. Sinha, J.

This appeal raises an interesting question of law in regard to

interpretation of Section 43 of the Transfer of Property Act, 1882 ("the Act",

for short).

Harcharan Singh, the original Defendant No.1, allegedly transferred

some properties in favour of his wife Udham Kaur in lieu of maintenance

pursuant to a compromise entered into by and between them. She claimed

herself to be the absolute owner thereof in terms of Section 14(1) of the

Hindu Succession Act. 1956. She filed a suit against her husband Harcharan

Singh for a declaration that she was the owner in possession of the suit land.

The learned Trial Judge was of the opinion that as she had been in

possession of the property in lieu of maintenance, she was ’entitled to enjoy

the fruits thereof only during her life time’. An appeal was preferred

thereagainst and the Appellate Court declared her to be the full owner in

possession of