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TMI Blog1958 (1) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... der Ex. A-l dated 29-4-1933. He took the property from her on lease under three documents, Ex. A-5 dated 16-7-1934 for a period of three years, there being a renewal under Ex. A-6 dated 30-4-1937 for a period of three years. On the expiry of this lease, the respondent executed Ex. A-7 on 4-5-1940, for another term of five years. Shortly after the termination of the last lease the grantee sold her rights in the property to appellant for a sum of ₹ 1,000/- under Ex. A-8. As the respondent refused to Surrender possess of the property to him, he was obliged to institute the present suit to recover possession of the plaint scheduled land. The suit was contested on several defences, but the one relevant for the purpose of this enquiry is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r your death. You should pay the, Circar cist due on the land. You should not alienate the property in any manner, nor contract any debt thereon. You should enjoy the produce of this property and should not claim enhanced maintenance. and my heirs shall not raise any disputes in respect of this property , the language of the document consistent with the creation of life interest or is it something less an that bringing it within the purview of Section 6(d) of the Transfer of Property Act? 3. In support of his conclusion, the District judge relied on Basangowda Virupaxgowda v. Irgowadati Kallangowda, ILR 47 Bom 597: (AIR 1923 in 276) (A) and Lachhmeshwar Sahai v. Mt. Moti Rani,: AIR 1939 PC 157 OB). In the first of the cases, document tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deed was entered into by Narbadeshwar Sahai, his wile and his persons by and under which the 3rd wife relinquished her four annas share which was obtained the decree of 1922 and Narbadeshwar Sahai and each of the three sons was allotted a four annas share in severalty. In its stead she was given an interest after her husband's death in the four annas the passage bearing upon it was this : ........my four annas share (referring to Narbadeshwar Sahai) shall remain in possession and occupation of Bahuria Moti Rani Kunwar, Party No. to her life time with life-interest, that up to re-time Bahuria Moti Ram Kunwar shall have to appropriate the profits therefrom after paying Government revenue and the other Government dues, without a Power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 55 (C). In our opinion, this case also is of the same category as the two noticed above. On a construction of the document, which was a compromise petition, it was held that it was a family arrangement which did not involve any transfer and that what was given to the widow was something which was restricted to her enjoyment personally. The doctrine of this case also is inapplicable to the instant case. None of these cases has laid down as an invariable rule of law that any property given for maintenance to a widow is inalienable falling under Section 6 (d) of the Transfer of Property Act as contended by the learned counsel for the respondent. The stress of the argument on behalf of the respondent is that since a restriction was placed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd her enjoyment of the property was not confined to her personally. The relevant clause only connoted a life estate. There is nothing in the language of the document to indicate that what was given was limited to her personal enjoyment falling short of a life estate. The very fact that the respondent himself had taken this property on lease from his sister-in-law denotes that the parties did not intend to impose any limitation on the enjoyment of the property. Our view is reinforced by a judgment of the Allahabad High Court in Dhup Nath v. Rama Charitra, ILR 54 All 366: (AIR 1932 All 662)(D). Here also property was put in possession of the widow in lieu of maintenance. When the widow gifted it, the grantors brought a suit for cancellati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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