Sadhu Singh vs Gurdwara Sahib Narike & Ors

1. One Ralla Singh held some property. It was self- acquired. Isher Kaur was his wife. They had no children. On 7.10.1968, Ralla Singh executed a will. Ralla Singh died on 19.3.1977. His widow Isher Kaur on 21.1.1980, purported to gift the property in favour of a Gurdwara. The appellant filed a suit challenging the deed of gift. He also prayed for recovery of possession after the death of Isher Kaur. The appellant claimed that under the will of Ralla Singh, Isher Kaur took only a life estate and the properties were to vest in the appellant and his brother. On the terms of the will under which she took the properties, Isher Kaur had no right to gift the property to the Gurdwara. She was bound by the terms of the bequest. Isher Kaur and the Gurdwara, contended that the property received by Isher Kaur on the death of her husband was as his heir and it was taken by her absolutely and she was competent to deal with the property. It was pleaded that in any event, Section 14(1) of the Hindu Succession Act entitled her to deal with the property as an absolute owner. The appellant countered that Isher Kaur having taken the property under the disposition of her husband, was bound by its terms and she had only a life estate and no competence to donate the property. It was a case to which Section 14(2) of the Hindu Succession Act applied and the limitation on rights imposed by the will was binding on Isher Kaur. Her estate could not get enlarged under Section 14(1) of the Act.

18. Going by the terms of the will, initially, Ralla Singh has conferred an absolute estate on his wife subject to the restriction that she shall not dispose of the same by a will to any other heirs. The will also says that after the death of Isher Kaur, the two nephews Pritam Singh and Sadhu Singh would take the properties in equal shares. Thus, what is seen is that an apparent absolute estate has been conferred on Isher Kaur but with a stipulation that on her death the property will devolve on his two nephews and with an interdict that she shall not dispose of the property by testamentary disposition in favour of any other heir. It is stated that Isher Kaur will be the owner of the moveable and immoveable properties after the death of the testator. But at the end, the will has also stipulated that Isher Kaur will not be entitled to mortgage or sell the properties during her life time.

24. Thus, on a consideration of all the relevant aspects we have no hesitation in setting aside the judgment and decree of the High Court and in passing a decree in favour of the plaintiff for recovery of possession of the property from the Gurdwara, the donee from Isher Kaur, and any one claiming under or through it, on the strength of his title and to hold it for himself and in his brother. The suit filed by the plaintiff is therefore decreed for recovery of possession. Since the donee from Isher Kaur was a Gurdwara and Isher Kaur died only during the pendency of the First Appeal, we hold that the plaintiff would not be entitled to any mesne profits if the properties are surrendered to him by the Gurdwara pursuant to this decree, within a period of six months from today. But, if the Gurdwara does not surrender the property pursuant to this decree within the time stipulated and the plaintiff is compelled to initiate proceedings in execution, the Gurdwara would be liable for mesne profits from the date of the decree of the first appellate court till recovery of possession at the rate to be determined by the executing court after first delivering the property to the decree holder pursuant to this decree.

25. The appeal is, thus, allowed. We make no orders as to costs 28019