Case ID: 6661

Judgment:
Civil Appeal No.2877 of 1977. From the Judgment and Decree dated 19.8.1977 of the Punjab and Haryana High Court in R.S.A. No. 334 of 1975. R. Bana for the Appellants. Harbans Lal and G.K. Bansal for the Respondents. The following Order of the Court was delivered: Kehar Singh had two wives	 Basant Kaur and Sahib Devi. Sahib Devi died during Kehar Singh 's life time. Sahib Devi 's son was Niranjan Singh who also died during Kehar Singh 's life time. Niranjan Singh had four sons and one daughter. On 26th April	 1947 Kehar Singh in lieu of maintenance made three oral gifts of properties situated in three different villages in favour of his wife Basant Kaur. The question which arose for consideration before the lower Court was whether Basant Kaur got an absolute estate in the gifted properties as result of the passing of the . In regard to the land in village Ballowal the lower Courts have held that she got an absolute estate. The High Court was concerned in the second Appeal with the lands in village Dhaipai and Chominda	 and it held the gift having been without any power of alienation would fall under Section 14(2). The Exhibit D I was the report of the Patwari in connection with the mutation proceedings and it said: "Today Kehar Singh owner of Khewat came alongwith Narain Singh Lambardar and stated that he had on 14th April	 1947	 made an oral gift of land half of total land measuring 8 bighas Pukhta	 3 Biswas and 3 Biswani	 which is 4 Bighas Pukhta	 12 Biswas and 1 Biswani as detailed in favour of his wife Mst. Basant Kaur	 and given possession of the same. I had only one son who is dead and he had four sons and no other male issue. There is no certainty of life. She served me. Lambardar attests so the mutation is entered. " 387 On 30th July	 1947	 the Assistant Collector made the following orders: "In the gathering	 Kehar Singh donor and Basant Kaur donee	 identified by Kishan Singh Lambardar are present. The change of possession of this case is admitted and verified by the donor and the donee. Donor stated that he has got no son. I had got two wives. My grand sons	 it is possible may not gift maintenance to my wife. With this view I make the gift. Gift is for maintenance. After gift there would be no powers of mortgage or sale. After the death of Basant Kaur Malkiat Singh	 Amar Singh	 Gurdeep Singh and Mohan Singh	 children would be heirs. This gift is of 1/2 share or Khasra No.4658/2468 measuring 4 Bighas	 12 Biswas 1 Biswani	 Khewat Nos. 324 to 326	 which is attested in favour of Mst. Basant Kaur donee. " The High Court on interpretation of the Assistant Collector 's report came into conclusion that Basant Kaur derived only a limited estate inasmuch as such a gift	 according to the high Court	 would fall directly under section 14(2) of the and as such the limited estate of Basant Kaur would not stand enlarged into an absolute estate. The challenge was to the gift made by Basant Kaur in favour of two step grand sons ignoring the other two. There is no doubt that Basant Kaur had the right of maintenance and the gift was explicitly in lieu of maintenance. As such we are of the view that it was not a case of her acquiring any new property by virtue of the gift but it was a case of her right of maintenance being given to her by way of a gift. It was a property acquired by gift in lieu of maintenance. This acquisition on 26th April	 1947 having been prior to the 	 we are of the view that she having acquired this property by way of gift in lieu of her antecedent right to maintenance	 it would fall under sub section (1) and not under sub section (2) of section 14 of the . In this view we are in consonance with the decisions in Bai Vijia (Dead) by Lrs. vs Thakorbhai Chelabhai & Ors.	 ; ; Gulwant Kaur & Anr. vs Mohinder Singh & Ors.	 [19871 3 SCC 674; Maharaja Pillai Lakshmi Ammal vs Maharaja Pillai Thillanayakom Pillai & Anr.	 ; and Jaswant Kaur vs Major Harpal Singh	 In view of the facts and circumstances	 we are of the view that the decisions of Mst. Karmi vs Amru & Ors.	 [ and Kothi Satyanarayana vs Galla Sithayya & Ors. 	 [ ; are distinguishable on facts. 388 In the result	 the Judgment and decree of the High Court are set aside	 this appeal is allowed and the suit is dismissed. However	 under the facts and circumstances of the case	 we make no orders as to costs. G.N. Appeal allowed.

Summary:
The grandfather of the appellants and respondents had two wives. The first wife and her only son died during his life time. The pre deceased son left behind four sons and a daughter. In 1947	 the grand father made three oral gifts of certain properties in favour of his second wife	 in lieu of maintenance. Later	 the grandmother gifted some of these properties to two step grandsons. The gift was challenged by the other two grandsons. The lower court held that she had the absolute estate in the properties after the possing of the . In Second Appeal	 the High Court held that she derived only a limited estate inasmuch as the gift in her favour would fall directly under section 14(2) of the and as such her limited estate would not stand enlarged into an absolute estate. This appeal is against the said judgment of the High Court. Allowing the appeal	 this Court	 HELD: 1. There is no doubt that the donee had the right of maintenance and the gift was explicitly in lieu of maintenance. It was a case of her acquiring any new property by virtue of the gift but it was a case of her right of maintenance being given to her by way of a gift. It was a property acquired by gift in lieu of maintenance. The acquisition made on 26th April	 1947 having been prior to the 	 and she having acquired the property by way of gift in lieu of her antecedent right to maintenance	 it would fail under sub section (1) and not under sub section (2) of section 14 of the and she derived absolute estate in the properties. [387E F] Bai Vajia (Dead) by Lrs. vs Thakorbhai Chelabhai & Ors. ; ; Gulwant Kaur & Anr. vs Mohinder Singh & Ors.	 ; ; Maharaja Pillai Lakshmi Ammal vs Maharaja Pillai Thillanayakom Pillai & Anr. 	 ; ; Jaswant Kaur V. Major 386 Harpal Singh	 ; relied on. Karmi vs Amru & Ors.	 ; Kothi Satyanarayana vs Galla Sithayya & Ors. 	 ; ; distinguished.