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Case Number
Attorney(S)
  • M/s. B. Kumar and R. Loganathan for applts.
  • M/s. R G. Rajan and G. Ravisankar for respt.
Judges
  • Nainar Sundaram, J.
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Citation Codes
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citation codes
Case Number
Attorney(S)
  • M/s. B. Kumar and R. Loganathan for applts.
  • M/s. R G. Rajan and G. Ravisankar for respt.
Judges
  • Nainar Sundaram, J.
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Smart Summary

Structured Summary of the Judgment

Factual and Procedural Background

The appeal arises from Suit O.S. 47 of 1977 filed before the Subordinate Judge, Nagapattinam. The plaintiff (who died during the pendency of the appeal and whose legal representatives were substituted) challenged a judgment and decree dismissing his suit for declaration of title and recovery of possession in respect of a site of 32-1/2 cents and superstructures thereon. The suit property originally belonged to one Sundaram Pillai (died 18-7-1942). His wife was Soundarathammal (died 5-3-1975). The plaintiff is the son of Sundaram Pillai's elder brother; the defendant is the son of the brother of Soundarathammal.

Sundaram Pillai executed a will on 14-4-1937 (Ex. B1) disposing of his properties; the suit property appears as item 8 of A-schedule in Ex. B1. The will granted Soundarathammal a life interest in the property with no power of alienation and provided that after her lifetime the suit property would go absolutely to the plaintiff. Soundarathammal executed a will on 3-1-1951 (original of Ex. B1) and subsequently left a will on 25-11-1974 (Ex. P3). The combined effect of later documents (referred to as Exs. B2 and B3) was said by the defendant to cause the suit property to devolve on the defendant after Soundarathammal's death. Conflicting claims thus arose after Soundarathammal's demise, prompting the plaintiff's suit and the subsequent appeal.

The trial court held that the life estate given to Soundarathammal under Ex. B1 enlarged into an absolute estate on the coming into force of the Hindu Succession Act, and that the plaintiff could not rely on Ex. B1 to obtain relief; accordingly the suit was dismissed. The present appeal challenges that conclusion. The primary legal question concerns whether s. 14(1) or s. 14(2) of the Hindu Succession Act, 1955 applies to the disposition in Ex. B1.

Legal Issues Presented

  1. Whether s. 14(1) or s. 14(2) of the Hindu Succession Act, 30 of 1955, governs the vesting and enlargement (if any) of the life estate granted to Soundarathammal under Ex. B1.

Arguments of the Parties

Appellants' (Plaintiff's Legal Representatives) Arguments

  • The recitals in Ex. B1 are unambiguous and specific and do not recognize any pre-existing right of Soundarathammal against the property.
  • The recitals alone must govern Soundarathammal's rights; governed by those recitals, she received only a restricted estate within the meaning of s. 14(1) of the Act.
  • On that basis the estate could not be treated as having enlarged into an absolute estate (the appellants contended the recitals prevent the enlargement contended for by the respondent and earlier court).

Respondent's (Defendant's) Arguments

  • Soundarathammal had a right to maintenance not only from her husband during his life but also from his successors-in-interest; that right was a tangible right against property.
  • When Sundaram Pillai executed Ex. B1 and gave the suit property to Soundarathammal, that disposition was only a reiteration, confirmation and declaration of her pre-existing right against the property (i.e., a provision for maintenance).
  • Because the life interest was in confirmation of a pre-existing right to maintenance, s. 14(1) would apply (or, put differently in the respondent's submissions, s. 14(2) should not defeat the claim) and the life estate should be treated as having enlarged into an absolute estate under the Act.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Sri Mahaliamman Temple v. Vijayammal, 97 L.W. 56 = 1983-2 M.L.J. 442 Bench observed that where a life estate is granted and facts show it was to provide for maintenance (recognition of a pre-existing maintenance claim), the grantor may be deemed to have given the property for maintenance purposes. The court noted the decision but held that the facts of Sri Mahaliamman were entirely different from the present case and therefore it did not support the respondent's position here.
Tulasamma v. Sesha Reddi, 90 L.W. 89 S.N = A.J.R. 1977 S.C. 1944 Supreme Court held that an allotment of property to a woman in lieu of maintenance, giving her limited interest, was in recognition of a pre-existing right to maintenance and therefore fell within s. 14(1) (read with the explanation thereto) rather than s. 14(2). The court treated Tulasamma as establishing the law that recognition of a pre-existing maintenance right can take a case out of s. 14(2) and into s. 14(1); however, the court found that the facts, pleadings and evidence in the present case did not show that Ex. B1 was intended as such a recognition, so Tulasamma did not help the respondent.

Court's Reasoning and Analysis

The court's analysis proceeds from an examination of the text of Ex. B1, the parties' pleadings and the evidence (or absence thereof). The reasoning steps are as follows:

  1. The court examined the recitals of Ex. B1 and found them unambiguous: the deed grants Soundarathammal a life interest with no power of alienation and directs that after her life the property shall go absolutely to the plaintiff. Crucially, the recitals do not refer to or acknowledge any pre-existing right of Soundarathammal against the property (for example, a right to maintenance).
  2. The court noted the parties are bound by their pleadings. There was no pleading by the defendant alleging that the grant in Ex. B1 was made only in recognition, confirmation or reiteration of a pre-existing right of Soundarathammal against the property. In the absence of such pleading, the defendant cannot rely on an inferred pre-existing right.
  3. Even if the court were to permit evidence on the point absent pleading (which the court indicated would offend accepted norms), the defendant produced no evidence showing that the disposition under Ex. B1 was intended to reiterate, declare or confirm any pre-existing right of Soundarathammal against the property (such as maintenance).
  4. Because the recitals are explicit and there is neither pleading nor evidence to the contrary, there is no scope for invoking s. 14(1) of the Hindu Succession Act on the present facts. The court therefore held that the “rigor of s. 14(2) alone must rule” (i.e., the statutory provision limiting enlargement applies in the absence of a demonstrable recognition of a pre-existing right).
  5. The court distinguished the authorities relied on by the defendant (Sri Mahaliamman Temple v. Vijayammal and Tulasamma v. Sesha Reddi) on the basis that those cases involved facts showing a life estate or allotment was given in recognition of an existing maintenance right; such material is lacking here.
  6. The court disagreed with the trial court's conclusion that the estate granted to Soundarathammal had enlarged into an absolute estate under s. 14(1) so as to validate the defendant's title under Exs. B2 and B3. On the contrary, the absence of any recognition of a pre-existing right means s. 14(1) could not be invoked to defeat the reversionary interest.
  7. The court addressed the question of improvements/superstructures: the trial court had found the present superstructures were constructed by Soundarathammal. The respondent argued at least title to the superstructures or compensation for them should be recognized. The court observed that Soundarathammal held only a life interest and if she made improvements, those improvements pass to the reversioner/remainderman upon termination of the life interest without liability to compensate successors, unless there is a claim that the improvements were made in good faith under a belief of absolute title (which the defendant did not assert). The defendant, as successor to Soundarathammal under his own asserted title, cannot claim a better right than Soundarathammal had.
  8. In sum, because there was no pleading or evidence that the grant to Soundarathammal was a recognition of a pre-existing right to maintenance, s. 14(1) could not be invoked; the trial court's reliance on s. 14(1) to hold the estate enlarged was incorrect, and the plaintiff's claim must succeed.

Holding and Implications

Holding:

APPEAL ALLOWED; PLAINTIFF SUCCEEDS.

Direct consequences and orders made by the court (as stated in the opinion):

  • The judgment and decree of the trial court are set aside.
  • There will be a decree in favour of the plaintiff in the suit declaring the plaintiff to be the owner of the suit property.
  • The defendant is directed to put the plaintiff in possession of the suit property.
  • The plaintiff (through counsel) expressly withdrew the claim for past and future mesne profits on the ground that no evidence had been led; this endorsement by counsel was recorded by the court.
  • Taking note of the relationships between the parties and the peculiar facts of the case, the court directed that the parties bear their respective costs in the suit and in the appeal.

Implications beyond the parties: The court distinguished existing authorities relied upon by the respondent and applied statutory interpretation to the facts. The opinion confines its result to the absence of recitals, pleadings and evidence showing a grant in recognition of a pre-existing maintenance right. The court reversed the lower court's application of s. 14(1) on these facts and did not purport to lay down any novel rule beyond that analysis.

VCS/RR.
Show full summary ...

    K.S Subramania Pillai (Dead.) & Ors. v. E.S.R Packirisami Pillai.

    JUDGMENT

    1. The decision in this appeal turns on the answer to the question as to whether S. 14(1) of the Hindu Succession Act 30 of 1955, hereinafter referred to as the Act, or S. 14(2) of the Act, should be applied to the facts of the case. The plaintiff in the suit O.S 47 of 1977, on the file of the Subordinate Judge, Nagapattinam, preferred this appeal, against the judgment and decree in the suit. During the pendency of the appeal, the plaintiff died and his legal representatives have been brought on record. The defendant in the suit is the respondent herein. To arrive at the decision, necessary facts have got to be set out. The suit property takes in a site of an extent of 32-1/2 cents and the superstructures standing thereon. The suit property admittedly belonged to one Sundaram Pillai, who died on 18-7-1942. His wife was one Soundarathammal. The couple had no issue. The plaintiff was the son of the elder brother of Sundaram Pillai. The defendant is the son of the brother of Soundarathammal. Soundarathammal died on 5.3.1975 On 14.4.1937 as per Ex.B1, Sundaram Pillai executed a will, disposing of his properties including the suit property. The suit property is admittedly item 8 of A schedule in Ex.B1 The disposition of A schedule Ex. B1 which takes in the suit property, as item 8 thereof, has been done in the following manner —

    According to the defendant, the present superstructures were constructed by Soundarathammal. As we could see from the above recitals, Soundarathammal was given a life interest with no power of alienation, and after her lifetime, the suit property was directed to go absolutely to the plaintiff alone. Soundarathammal executed a will on 3.1.1951 as per the original of Ex.B1 and on 25.11.1974, as per Ex.P3, Soundarathammal left a council; the combined effect of Exs.B2 and B3 being the suit property should devolve on the defendants after the demise of Soundarathammal. The conflicting claims to the suit property arose obviously after the demise of Soundarathammal. The plaintiff laid the suit for declaration of title and recovery of possession on the basis of Ex.B 1. Thedefendent would take cover under Exs.B2 and B3 and resist the claims of the plaintiff. It is true that the court below on the pleadings put forth by the parties raised a number of issues. The court below ultimately held that the estate given to Soundarathammal under Ex. B1, enlarged itself into an absolute estate on the coming into force of the Act and the will of Sundaram Pillai Ex.B1 could not be availed of by the plaintiff to seek the relief as he did. As a result, the suit of the plaintiff was dismissed with costs.

    2. Mr. B. Kumar, learned counsel appearing for the present appellants (legal representatives of the plaintiff,) would submit that the recitals in Ex.B1 are unambiguous and specific and they have not countenanced any preexisting right against property in Soundarathammal, and the recitals must alone govern her rights, and if so governed, she got only a restricted estate within the meaning of S. 14 (1) of the Act, and hence the estate could not be held to have got eniaged as per S. 14(1) ofi the Act. As against this Mr. R.G Raian, learned counsel for the defendant-respondent, herein would submit that Soundarathammal had a right to maintenance not only from her husband Sundaram Pillai, during his life time but also from the successors in-interst to his estate and that right was a tangible right against property and when Sundaram Pillai executed Ex.B1 and gave the suit property to Soundarathammal, that was done only in reiteration and confirmation of the pre-existing right of Soundarathammal against the property, and S. 14(2) of the Act could not come in the way of S. 14(1) of the Act taking the field and making the estate acquired by Soundarathammal enlarging itself into an absolute estate.

    3. There are certain features, which have to speak, and if I take note of them, I find that the stand expressed by the learned counsel for the defendant cannot be accepted. The first feature is, the recitals in Ex.B1 do not refer to any pre-existing right of Soundarathammal against property, such as her right to maintenance, so as to say, that it was only in recognition thereof, or in confirmation and reiteration thereof, the suit property was given to her in the manner done under Ex.B1 It we go by the express recitals in Ex.B1 it is not possibe to spell out a theory that the disposition under Ex.B1 of the suit property in favour of Soundarathammal, was done to confirm, endorse, declare or recognise any pre-existing right of Soundarathammal against the property. It will be proper and safer to go by the express recitals found in the document itself to find out as to whether only in recognition of any pre-existing right against property the disposition could be stated to have been made. Another feature, which speaks against the case of the defendant is that there is no pleading at all that only in recognition or confirmation or declaration of any pre-existing right of Soundarathammal against property the suit site was given to her under Ex.B1 While deciding this question, the parties are, bound by their pleadings, unless the express recitals in the deed do support their cases one way or the other. Here, the express recitals do not in any way indicate that the disposition was in confirmation or reiteration or declaration of any pre-existing right of Soundarathammal, against property such as her right to maintenance. In my view, the recitals being unambiguous and there being no pleading on the part of the defendant that the disposition under Ex.B1 was only in confirmation, reiteration and declaration of any pre-existing right of Soundarathammal against property, there is no scope for invoking the aid of S. 14(1) of the Act and on the facts of the case, the rigor of S. 14(2) alone must rule. The third feature is that even assuming that without pleadings, evidence could be let in which proposition will certainly offend the well accepted norm in this behalf, I find that the defendant has not placed any evidence at all that the disposition of suit site under Ex. B1, was intended to reiterate declare and confirm any pre-existing right of Soundarathammal against property, such as her right to maintenance. It is only in this connection Mr. B. Kumar learned counsel for the present appellants, would point out that Soundarathammal by herself owned properties and there could have had been no intention on the part of Sundaram Pillai and no necessity at all to reiterate a provision for maintenance for Soundarathammal.

    4. Mr. R.G Rajan, learned counsel for the respondent-defendant, would submit that the absence of express recitals need not be conclusive and this Court has taken note of circumstances also to uphold the plea that life interest given to a woman under a document could be in reiteration, confirmation and declaration of her pre-existing right against property. In this connection Mr. R.G Rajan, learned counsel for the defendant, would place reliance on a pronouncement of a Bench of this Court in Sri Mahaliamman temple v. Vijayammal 97 L.W 56=1983-2- M.L.J 442.. There the facts of the case were entirely different. There was, in fact, a claim for maintenance by the daughter-in-law and that was recognised by the father-in-law, who had earlier executed the will, giving the daughter-in-law a life estate only in the properties concerned. Taking note of that factor, the Bench opined that the father-in-law must be deemed to have given the properties concerned only as a provision for maintenance. The law on the subject has been settled with clarity and in detail in Tulasamma v. Sesha Reddi 90 L.W 89 S.N=A.J.R 1977 S.C 1944. and on the facts of that case, which took in a compromise arrived at between the parties, allotting the properties in question to the women lor her maintenance and giving her limited interest in such properties, the Supreme Court held that such allotment in lieu of her maintenance was in recognition of her right to maintenance, which was a pre-existing right, and therefore, the case of the women would be taken out of the ambit of S. 14(2), and would fall squarely within S. 14(1) read with the explanation thereto. Such is not the case here. No material has been exposed in the case by the defendant to demonstrate that the suit property was given to Soundarathammal in reiteration, confirmation or in declaration of any pre-existing right of hers against property. Neither the recitals in Ex. B1 nor the pleadings put forth by the defendant,, nor the evidence placed by him supports such a theory. This being the case I am not able to appreciate and sustain the line of thinking by the court below when it upheld the claims of the defendant that by virtue of S. 14 (1) of the Act, the estate derived by Soundarathammal under Ex.B1 enlarged itself into an absolute estate so as to uphold the title of the defendant under Exs.B2 and B3. The result is the plaintiff has to succeed.

    5. However, learned counsel for the defendant would submit that the finding of the court below is that the present superstructure was put up by Soundarathammal alone and the claims of the defendant at least over the same must be upheld. Learned counsel would plead that in any event the plaintiff must be called upon to pay the value of such superstructures before he obtains possession. Soundarathammal from the inception had only a life interest. If she had done any improvements including putting up of new superstructure, demolishing the old, she must be deemed to have done it only as a holder of life interest, and the improvement must pass on the reversioner or remainderman at the expiration of the life interest, with out any liability on his part to make compensation therefor, to those claiming under Soundarathammal. It is not claimed by the defendant even in the alternative that Soundarathammal made the improvements believing in good faith that she was absolutely entitled to the suit property. The defendant could not claim a belter right than that of Soundarathammal as a successor to the estate of Soundarathammal, even as per Exs.B1 and B3. The defendant must be presumed to know the nature of the title of Soundarathammal. The putting up of superstructures by Soundarathammal, in my view, could not be taken note of to deny the plaintiff the relief of possession of the suit property as a whole as asked for by him. Accordingly, this appeal is allowed, setting aside the judgment and decree of the trial court, Mr. B. Kumar learned counsel for the present appellants, has today made an endorsement on the memorandum of grounds of appeal with regard to the claim of the plaintiff for mesne profits, past and future, in the following terms: —

    “The plaintiff gives up the past and future mesne profits as no evidence has been let in, in that regard.” This is recorded. In the peculiar facts and circumstances of the case, and taking note of the relationship between the parties, I deem it just and proper to direct them to bear their costs throughout. As a result, there will be a decree in favour of the plaintiff in the suit, declaring the plaintiff to be the owner of the suit property and consequentally the defendant is directed to put the plaintiff in possession of the same. As already stated, the parties are directed to bear their respective costs, both in the suit as well as in this appeal.

    VCS/RR.

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    Comments

    K.S Subramania Pillai (Dead.) & Ors. v. E.S.R Packirisami Pillai.
    (Jan 12, 1988)