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Natha Ram And Anr. v. Mt. Sohan Devi And Ors.

Punjab & Haryana High Court
Sep 29, 1948
Smart Summary (Beta)

Factual and Procedural Background

The suit concerns 434 kanals and 7 marlas of land originally owned by Honorary Captain Mul Singh of Sarai Amanat Khan. By will, Captain Mul Singh bequeathed the property to his nephew Mehr Chand. On 27 July 1940 Mehr Chand executed a registered deed of gift transferring the land to his cousins Natha Ram and Paqir Chand. On 30 October 1944 Mt. Sohan Devi, in her own right and as next friend of her two minor daughters Kailash Devi and Koshalya Devi, sued for a declaration that the gift was bogus and did not affect the plaintiffs' rights. The plaintiffs alleged inter alia that Mehr Chand's rights under the will were limited to a life interest and that the gift was obtained by undue influence and fraud.

The defendants denied these allegations, pleaded that the plaintiffs lacked locus standi and that the suit was collusive. The trial court framed four issues (reproduced in the record). The trial Sub-Judge held that Mehr Chand was complete owner with full powers of disposition (issue 1), found issue 4 against the defendants, and decided the remaining issues against the plaintiffs, dismissing the suit (with parties left to bear their own costs). On appeal the Additional District Judge upheld the finding on issue 1 but found issue 3 (fraud/undue influence) for the plaintiffs and decreed the suit in favour of the minor plaintiffs only. The donees (defendants) then preferred a second appeal to the High Court.

Legal Issues Presented

  1. Whether the will made by Captain Mul Singh in favour of Mehr Chand conferred upon Mehr Chand only a life estate or an absolute estate with full powers of disposition.
  2. Whether the plaintiffs (Mt. Sohan Devi and the two minors represented by her) had locus standi to challenge the gift on grounds of fraud and undue influence.
  3. Four issues framed at trial (as recorded): (1) Whether Mehr Chand got the property by will from Mul Singh and was not empowered to alienate it by gift; (2) Whether the plaintiffs can challenge the gift; (3) Whether the gift was obtained by fraud and undue influence and what is its effect, and can the plaintiffs take up this plea; (4) Whether the suit is collusive and what is its effect.

Arguments of the Parties

Plaintiffs' Arguments

  • The will vested only a life interest in Mehr Chand, so Mehr Chand had no power to dispose of the property by gift.
  • The gift to Natha Ram and Paqir Chand was obtained by undue influence and fraud, and therefore conferred no title on the donees.

Defendants / Donees' and Respondents' Arguments

  • The defendants denied the plaintiffs' allegations and pleaded that the plaintiffs had no locus standi to challenge the gift.
  • The defendants also pleaded that the suit was collusive.
  • Learned Counsel for the respondents, S. Iqbal Singh, argued that because the will provided for devolution of the property after Mehr Chand's death to other persons, it should be presumed the testator intended only a life estate for Mehr Chand. He cited a Bench decision of the Allahabad High Court in ML Chhatarpali v. Mt. Kapal Dei and Ors. (AIR 1936 All 50) in support of that construction.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
ML Chhatarpali and Ors. v. Mt. Kapal Dei and Ors. (AIR 1936 All 50) Held that despite words implying permanent ownership ("malik mustaqil"), context and other clauses could indicate a life estate; the term "malik" is not invariably a term of art and must be read in context. A will must be construed as a whole; particular clauses do not stand alone. Other clauses (e.g., restrictions on waste, specific powers to mortgage or sell only for necessity) can indicate a limited estate. The Court considered this case as relied upon by respondents' counsel but distinguished it on facts and wording. The High Court accepted the principles of construction laid down in that decision but concluded that in the present will the concluding words gave Mehr Chand power to "enjoy it in every way," which the Court interpreted as including power of disposal.
Sures Chandra Palit and Anr. v. Lalit Mohan Datta Chaudhuri (A.I.R. 1916 Cal. 775) Where a will in terms confers an absolute estate on a named donee, and subsequent interests are given after that donee's interest (and not in defeasance of it), the donee's absolute interest is not cut down and the further interests fail. The decision discusses construction principles for wills and supports that absolute vesting with power of alienation will not be read down merely because of later provisions for devolution. The High Court relied on this decision to support the proposition that where the will's terms plainly confer full ownership and powers of alienation, a provision for subsequent devolution does not automatically convert the donee's interest into a mere life estate. The Court cited this authority in holding that Mehr Chand took a complete ownership.
Mohan Lal v. Niranjan Das and Anr. (A.I.R. 1921 Lah. 11) Held that a will read as a whole conferred complete ownership on the donee; the use of the word "malik" implies absolute ownership unless context qualifies it. The High Court followed this decision to reinforce the finding that the will in the present case conferred complete ownership on Mehr Chand and that the word "malik" (or equivalent expressions) implies absolute ownership unless contextual circumstances indicate otherwise.

Court's Reasoning and Analysis

The Court's analysis proceeded from the fundamental rule that the intention of the testator must be gathered from the will as a whole. The Court examined the entire will and highlighted repeated and emphatic language vesting ownership in Mehr Chand:

  • The will contains recurring expressions that "After my death Mehr Chand would become the sole owner and possessor of every kind of property left by me."
  • The will concludes with the explicit clause stating that Mehr Chand "would be the sole owner and possessor of my entire property whether movable or immovable and he would be entitled to enjoy it in every way."

On these textual bases the Court concluded that the testator's intention was to make Mehr Chand an absolute owner with "complete and unhampered" rights, including powers of disposal.

The Court then addressed the respondents' argument (advanced by S. Iqbal Singh) that the testator's provision for devolution after Mehr Chand's death implies the testator intended only a life estate. The Court reviewed the Allahabad decision relied upon by respondents and accepted its general rules of construction (e.g., contextual meaning of "malik" and the need to construe the will as a whole), but distinguished the present will on its wording and effect:

  • In the Allahabad case the will's surrounding clauses and exceptions (including permitted mortgage or sale only for necessity and absence of words indicating full disposal powers) pointed to a life estate; by contrast, the present will's concluding words explicitly grant the power to "enjoy it in every way," which the Court interpreted to include disposal.
  • The Court rejected a broad reading of a commentator's remark in Mulla's Hindu Law (illustration to Section 382) that devolution provisions always imply a life estate. The Court found that such a presumption is not warranted where the will's terms otherwise leave no doubt that an absolute estate was intended.
  • The Court relied on Sures Chandra Palit and Mohan Lal decisions to support the proposition that an absolute estate expressed in clear terms is not cut down by subsequent contingent devolutionary provisions unless those provisions operate in defeasance of the primary grant.

Having concluded that Mehr Chand acquired complete ownership with power of disposal, the Court turned to locus standi. It observed that because Mehr Chand was alive, it was open to him to set aside the gift on grounds of fraud or undue influence if he considered himself aggrieved. The Court noted that the plaintiffs' counsel could not cite any authority for the proposition that the plaintiffs could maintain the suit while Mehr Chand was alive. On that basis the Court held that the plaintiffs lacked the right to maintain the action to set aside the gift.

Holding and Implications

Holding: The High Court allowed the appeal, set aside the judgment and decree of the Additional District Judge, and dismissed the plaintiffs' suit. The parties were directed to bear their own costs throughout.

Implications for the parties (direct effects):

  • Mehr Chand (as construed by the will) is held to have taken an absolute estate with full powers of disposal.
  • The gift to Natha Ram and Paqir Chand was not set aside by this Court on the plaintiffs' suit; the plaintiffs' challenge was dismissed for want of locus standi while Mehr Chand was alive.
  • The decree in favour of the minor plaintiffs previously granted by the Additional District Judge has been set aside.

The opinion does not state that it establishes any new principle of law beyond applying and distinguishing existing authorities; its effect is to resolve the parties' rights in the present matter consistent with the precedents discussed.

Show all summary ...

Teja Singh, J.

1. The property which is the Subject-matter of this litigation consists of 434 kanals and 7 marlas of land. Originally, it belonged to Honorary Captain Mul Singh of Sarai Amanat Khan and on his death devolved upon one Mehr Chand by virtue of the will made by Mul Singh in his favour. On 27th July 1940, Mehr Chand gifted the said land to his cousins Natha Ram and Paqir Chand by means of a registered deed of gift. On 30th October 1944, Mt. Sohan Devi, Mehr Chand'a wife, in her own right and as the next friend of her two minor daughters Kailash Devi and Koshalya Devi, brought a suit for a declaration that the gift was bogus and it did not affect the rights of the plaintiffs. The plaintiffs' allegations inter alia were that Mehr Chand's rights over the property were limited for life, and that he had no right to dispose of it by gift. It was further alleged by the plaintiffs that the gift had been obtained by Natha Ram and Paqir Chand by undue influence and fraud and accordingly it conferred no title upon them.

2. The defendants denied the plaintiffs' allegations and pleaded 'that they had no locus standi to challenge the gift. They also urged that the suit was collusive. The following four issues were framed by the trial Sub-Judge:

(1) Whether defendant 3, Mehr Chand, got the property in dispute by means of a will from S.B. Mul Singh and was he not empowered to alienate it by means of a gift?

(2) Whether the plaintiffs can challenge the gift?

(3) Whether the gift in dispute was obtained by means of fraud and undue influence and what is its effect, and can the plaintiffs take up this plea? and

(4) Whether the suit is collusive and what is its effect?

As regards issue l, the trial Sub-Judge held that though the suit property had been obtained by Mehr Chand by will he was complete owner thereof with full powers of disposition. Issue 4 was found against the defendants. The remaining issues were decided against the plaintiffs and the suit was dismissed, but the parties were left to bear their own costs. On appeal the Additional District Judge upheld the finding of the trial Sub Judge on issue 1, but he found issue 3 for the plaintiffs and being of the view that the minor plaintiffs alone had the right to challenge the gift decreed the suit in their favour. The donees have now preferred a second appeal against the judgment and the decree of the Additional District Judge.

3. The material question that falls for determination in the appeal is whether the will made by Captain Mul Singh in favour of Mehs Chand conferred upon the latter only a life estate. It need not be mentioned that while construing a will what has to be looked to is the intention of the testator and this must be gathered not from a word used here and a word used there but from the entire document. Now the perusal of the whole will in this case leaves no doubt that the intention of Captain Mul Singh was to make Mehr Chand absolute owner of the property bequeathed to him with full powers of disposal. The document starts with recital that the testator had become ill and had no wife or issue who could succeed to him, and then it states that Mehr Chand in whose favour the bequest was being made was the testator's nephew who had been living with and serving him. The words appearing in the earlier part read as below:

After my death Mehr Chand would become the sole owner and possessor of every kind of property left by me.

This injunction is repeated three or four times and the will ends with the following words:

Now after my death Mehr Chand would be the sole owner and possessor of my entire property whether movable or immovable and he would be entitled to enjoy it in every way.

In ray judgment, the concluding words leave no doubt about the testator's intention and that intention was that Mehr Chand's rights over the property bequeathed to him would be complete and and unhampered. It was stressed by S. Iqbal Singh, learned Counsel for the respondents, that because Captain Mul Singh had laid down in the will that after Mehr Chand's death the property would devolve upon other persons it should fee presumed that the testator did not intend to give Mehr Chand complete powers of disposal and what he intended was that he should enjoy the property only for life. In support of his contention, the learned Counsel referred us to a Bands decision of the Allahabad High Court in ML Chhatarpali and Ors. v. Mt. Kapal Dei and Ors. AIR1936All50 . The facts of that case were as follows: The testator had three wives. He was pleased with his third wife, Mt. Kalap Dei, but his relations with the remaining two wives did not appear to be very good. In the will that he made he provided that after him the property left by him would devolve upon his third wife who would be the permanent owner, (The urdu words used were "maliq mustaqil") and she would be at liberty to have her name recorded art the public papers in respect of all the property by virtue of the will and to remain in possession and enjoy the profits thereof. Then appeared the following words:

If Mt. Mendha, the first wife, and Mt. Delwa, the second wife, will survive ma and have any children, the said executor will be bound to maintain them as I would have done, and the said Musammats and their children shall also be bound to obey Mt. Kalap Dei with teak heart.

* * * * *

The Musammat will also have power to declare Mt. Dhanpali, daughter of Mt. Delwa, as her executor and successor. After the death of Mt. Kalap Dei, Mt, Dhanpali, my daughter, will have the same powers as Mt. Kalag Dai will have. Everyone will be bound to maintain the property and not to waste and destroy it, tat Mt. Kalap Dei can mortgage and sell the property for lawful necessity.

The learned Judges held that the intention of the testator was to give Mt. Kalap Dei only a life estate. While coming to this finding, they laid down certain rules of construction. They observed that the term "malik" is not a term of at and its real significance should be considered in the light of the setting in which it occurs. If there is nothing in the context to indicate a contrary intention, the word "malik" certainly denotes full ownership; but it is consistent with a limited estate if it is controlled by other clauses in the will. They also observed that a will should be construed as a whole and a particular clause in which the words "permanent owner" occur should not be taken as standing by itself. With all deference I entirely agree with what was laid down by the learned Judges and, as I have already observed, I accept the principle that while construing a document of the kind of a will what has to be looked is the intention of the testator. In fact in construing the present will I have been guided by these very principles and I have tried to gather the intention of the testator from the whole body of the document. No doubt the words used in the Allahabad case were "malik mustaqil" which I consider are stronger than the words "wahid malik" but it is also clear that in spite of having used these words the testator laid down certain other conditiona which indicated that his intention could be no other than to give his wife a life estate. This point was particularly emphasised by the learn-ed Judges in their judgment. Apart from this, two other things weighed with them. One was that while every one else was required to keep the property intact and not waste or destroy it exception was made in the case of Mt. Kalap Dei and it was laid down that she could mortgage or sell the property for lawful necessity. The other was that no words had been used in the will from which it could be inferred that the testator intended to give Mt. Kalap Dei complete power of disposal over the property bequeathed to her. In the will before us, as I have already pointed out, the last words gave Mehr Chand the power to enjoy the property in every way and I have not the slightest hesitation is coming to the conclusion that this included the power of disposal.

4. S. Iqbal Singh drew our attention to illustration (a) to Section 382 of Mulla's Hindu Law which reads as below:

Property is bequeathed to B, and after him to the heirs male of his body, that is, his heirs in tail male.

This case gives rise to the following three points:

1st point--The estate tail is void,

2nd point--B takes an estate for life, and

3rd point--Heir-at-law entitled to whole estate after, B's death.

In support of the second point the learned commentator has remarked that if B were not to take a life estate, and this is the construction that should be put on the will, the result would be that B, as absolute owner, might mortgage OK give away the property, in which case the property might pass away from the family to a mortgagee or a stranger donee and this construction would be in effect to make a new will for the testator and one which, so far from carrying his intention into effect, would be in direct op-position to his intention. It is not clear from the commentary on what authority the observation of the learned commentator were based and, if I may say so with respect, they appear to me to be rather too wide. I can understand that where A makes a will in favour of B with the provision that after B's death the bequeathed property should devolve upon c and says nothing else in the will, it may be permissible to presume that the intention of the testator was to give only a life estate to B. But to say that even where the contents of the will leave no doubt that the intention of the testator was to make B a full owner with complete powers of disposal, in tension to the contrary could be presumed merely because of a provision made for the devolution of property after B's death does not appear to me to lay down correct law. I am supported in this view by the well-known decision' of Mookerjee and Roe, JJ. in Sures Chandra Palit and Anr. v. Lalit Mohan Datta Chaudhuri A.I.R. 1916 Cal. 775, in which the whole case law on the point was discussed and a number of principles were laid down for the construction of wills.

5. In that case, the will was in favour of the testator's wife and one of the clauses vested in her "whatever might remain after the payment of debts and expenses, absolutely and with complete power of alienation." Other clauses provided for the adoption of sons and in case of there being no adopted son or no son or wife of the adopted son at the time of the death of the widow, the heir, according to the Hindu Shastras who should be alive at the time, should get the properties which should remain after disposal by the widow by way of gift or sale. While holding that the testator gave an absolute interest in his estate to his widow with full powers of alienation the learned Judges observed that if an estate is given in terms which confer an absolute estate to a named donee, and, then, further interests are given merely after or on the termination of that donee's interest, and not in defeasance of it, his absolute interest is not cut down and the further interests fail. This case was followed by a Bench of the Lahore High Court in Mohan Lal v. Niranjan Das and Anr. A.I.R. 1921 Lah. 11 which was a case of a will made by a Hindu in favour of his wife. The relevant words of the will were:

Is hi malih meri Zauja Uttam Devi hogiĀ—us ko ikhtiyar hai he jis tarah choke be marzi hhud us ko intikal ya saraf kare. Be-sharat-i-ke meri aural kisi ko mahan na de jawe ya intikal na kare to phir makan mere har do poton Niranjan Das aur Narsingh Das ka mushtarha hoga.

It was held that the will read as a whole conferred a complete ownership on Mtc. Uttam Devi and further that the use of the word "malik" implies absolute ownership unless there is any. thing in the context or surrounding circum-stances to qualify such meaning. Following these decisions, I hold that Mehr Chand became the complete owner and he had complete power of disposal over the suit property.

6. The next question is whether the plaintiffs had locus standi to have the gift in the defendants' favour set aside on the ground that it was obtained by fraud or undue influence. The District Judge, as I have already observed, found this point in the plaintiffs' favour, but in view of the fact that Mehr Chand himself was alive and it was open to him, if he so liked, to have the gift set aside on the grounds taken by the plaintiffs, I do not think the plaintiffs had the right to maintain the action.

7. The learned Counsel for the respondents was not able to cite a single authority in support of the proposition that the plaintiffs could maintain the suit. If Mehr Chand was really the victim of fraud and undue influence it was for him to have the alienation set aside on that ground and the plaintiff certainly had no locus standi to brings the suit.

8. In the result I allow the appeal, set aside the decree and the judgment of the Additional. District Judge and dismiss the plaintiffs' suit. The parties will bear their own costs throughout.

M.C. Mahajan, J.

I agree.