Case: Ram Gopal Vs. Nand Lal And Others

2. The suit was one commenced by the pltf., who is resp. 1 in this appeal, for recovery of possession of two items of immovable property-one a residential house and other a shopboth of which are situated in the town of Etawah. The properties admittedly formed part of the estate of one Mangal Sen who died sometime towards the end of the last century, leaving behind him, as his heirs, his two widows Mt. Mithani and Mt. Rani. Mangal Sen had a son named Chhedi Lal and a daughter named Janki Kuar born of his wife Mt. Rani, but both of them died during his lifetime. Chhedi Lal had no issue and he was survived by his widow Mt. Meria, while Janki left a son named Thakur Prasad. Jankis husband married another wife and by her got a son named Babu Ram. On Mangal Sens death, his properties devolved upon his two widows, and Mt. Rani having died subsequently, Mt. Mithani came to hold the entire estate of her husband in the restricted rights of a Hindu widow. On 27-11-1919, Mt. Mithani surrendered the whole estate of her husband by a deed of gift in favour of Thakur Prasad who was the nearest reversioner at that time. Thakur Prasad died in 1921, leaving a minor son named Nand Lal who succeeded to his properties and this Nand Lal is the plaintiff in the suit out of which this appeal arises. On 27-10-1921, there was a transaction entered into between Babu Ram on his own behalf as well as guardian of infant Nand Lal on the one hand and Mt. Meria, the widow of Chhedi Lal on the other, by which two items of property which are the subject-matter of the present litigation were conveyed to Meria by a deed of transfer which has been described as a Tamliknama; and she on her part executed a deed of relinquishment renouncing her claims to every portion of the estate left by Mangal Sen. It is not disputed that Meria took possession of the properties on the basis of the Tamliknama and on 10-4-1923 she executed a will, by which these properties were bequeathed to her three nephews, who are the sons of her brother Sunder Lal. Meria died onOne Ram Dayal had obtained a money decree against Sunder Lal and his three sons, and in-execution of that decree the properties in suit were attached and put up to sale and they were purchased by Ram Dayal himself onOn 1-6-1936, the present suit was instituted by Nand Lal and he prayed for recovery of possession of these two items of property on the allegation that as they were given to Mt. Meria for her maintenance and residence, she could enjoy the same only so long as she lived and after her death, they reverted to the Pltf. Sunder Lal, the brother of Meria, was made deft. 1 in the suit, and his three sons figured as defts. 2Defendant 5 is a lady named Chirman Kunwar, in whose favour Sunder Lal was alleged to have executed a deed of transfer in respect of a portion of the disputed property. Ram Dayal, the decree-holder auction purchaser, died in May 1935 and his properties vested in his daughters son Ram Gopal under a deed of gift executed by him in favour of the latter. On 1-9-1938, Ram Gopal was added as a party deft, to the suit on the pltf.s appln. and he is deft.The two other defis., namely, defts. 7 and 8, who were also made parties at the same time, are respectively the widow and an alleged adopted son of Ram Dayal.The suit was contested primarily by deft. 6, and the substantial contentions raised by him in his written statement were of a twofold character. The first and the main contention was that Mt. Meria got an absolute title to the disputed properties on the strength of the "Tamliknama" executed in her favour by the guardian of the ptlf. and after her death, the properties passed on to the three sons of Sunder Lal who were the legatees under her will. Ram Dayal, it was said, having purchased these properties in execution of a money decree against Sunder Lal and his three sons acquired a valid title to them. The other contention raised was that the suit was barred by limitation. The trial Judge decided both these points in favour of the contesting deft, and dismissed the pltfs suit. On appeal to the H. C., the judgment of the Civil Judge was set aside and the plif. suit was decreed.Defendant 6 has now come up on appeal to this Ct. andMr. Peary Lal Banerjee, who appeared in support of the appeal, pressed before us both the points upon which the decision of the H. C. has been adverse to his client.

Reasoning:
8. It may be taken to be quite settled that there is no warrant for the proposition at law that when a grant at an immovable property made to a Hindu female, she does not get an absolute or alienable interest in such property, unless such power is expressly conferred upon her.The reasoning adopted by Mitter J. of the Calcutta H. C. in Mt. Kollani Koer v. Luchmee Prasad,24 W. R. 395 which was approved at and accepted by the Judicial Committee in a number of decisions, seems to me to be unassailable. It was held by the P. O, as early as in the case of Tayore v. Tagore, I. A. Sup. Vol. 47 at p. 65 : (9 Beng. L. R. 377 (P. C.) ) that if an estate were given to a man without express words at inheritance, it would, in the absence of a conflicting context, carry, by Hindu law, an estate at inheritance. This is the general principle of law which is recognised and embodied in S. 8, T. P Act and unless it is shown that under Hindu law a gift to a female means a limited gift or carries with it the restrictions or disabilities similar to those that exist in a widows estate, there is no justification for departing from this principle. There is certainly no such provision in Hindu law and no text could be supplied in support of the same.9. The position, therefore, is that to convey an absolute estate to a Hindu female, no express power of alienation need be given ; it is enough if words are used at such amplitude as would convey full rights of ownership.I do not think that the mere fact that the gift of property is made for the support and maintenance of a female relation could be taken to be a prima facie indication at the intention at the donor, that the donee was to enjoy the property only during her life-time. The extent at interest, which the donee is to take, depends upon the intention at the donor as expressed by the language used, and if the dispositive words employed in the document are clear and un-ambiguos and import absolute ownership, the purpose at the grant would not, by itself, restrict or cut down the interest. The desire to provide maintenance or residence for the donee would only show the motive which prompted the donor to make the gift, but it could not be read as a measure of the extent of themy opinion, the decision cited is no authority for the general proposition as is contended for by the learned counsel for the resp., and it is to be read in the context at the actual facts of the case which relate to grants at a particular type with special features at its own. It was a case where a Talukdar made a grant at certain villages to a junior member of the joint family for maintenance at the latter. The family was governed by the law at primogeniture and the estate descended to a single heir. In such cases the usual custom is that the junior members at the family, who can get no share in the property, are entitled to provisions by way of maintenance for which assignments at lands are generally made in their favour. The extent of interest taken by the grantee in the assigned lands depends entirely upon the circumstances at the particular case, or rather upon the usage that prevail in the particular family. In the case before the P. C. there was actually no deed at transfer. It was an oral assignment made by the Talukdar, and the nature of the grant had to be determined upon the recitals at a petn, for mutation of names made to the Revenue Department by the grantor after the verbal assignment was made and from other facts and circumstances at thedo not think that, on the facts of this case, any weight could be attached to this argument. In the first place, it is to be noted that whatever might have been the actual market value of the properties, what the widow got under the Tamliknama was a residential house and a shop, and the shop was the only property which fetched any income. This shop, it appears, was all along in possession of Sunder Lal, the brother of Meria, and the rent, which he paid or promised to pay in respect of the same, was only Rs. 12 a month. So from the income of this property it was hardly possible for Meria to have even a bare maintenance and this would rather support the inference that the properties were given to her absolutely and not for enjoyment merely, so long as she lived.17.It is true that the document does not make any reference to the heirs of Meria, but that is not at all necessary, nor is it essential that any express power of alienation should be given. The word "Malik" is too common an expression in this part of the country and its meaning and implications were fairly well settled by judicial pronouncements long before the document was executed. If really the grantee was intended to have only a life interest in the properties, there was no lack of appropriate words, prefectly well known in the locality, to express such intention.19.I am also not at all impressed by the other fact referred to in the judgment of the H. C. that if the properties were given to Meria in absolute right, there was no necessity for including them again in the schedule to the deed of relinquishment which Meria executed. I fail to see how the inclusion of the properties in the deed of relinquishment would go to indicate that Merias rights to these properties were of a restricted and not an absolute character. It is after all a pure matter of conveyancing and the two documents have to be read together as parts of one and the same transaction. Under the Tamliknama, Meria got two properties in absolute right out of the estate of Mangal Sen. By the deed of relinquishment, she renounced her claim for maintenance in respect of all the properties left by Mangal Sen including the two items which she got under the Tamliknama. After the Tamliknama was executed in her favour there was no further question of her claiming any right of maintenance in respect of these two items of property. She became the absolute owner thereof in exchange of her rights of maintenance over the entire estate and this right of maintenance she gave up by the deed of relinquishment. On a construction of the entire document, my conclusion is that there is nothing in the context of the document, or in the surrounding circumstances which would displace the presumption of full proprietary rights which the use of the word "Malik" is apt ordinarily to convey. The first contention of the applt. therefore succeeds and in view of my decision on this point, the second question does not arise for determination at all.