- (1.)These appeals have been preferred against the impugned judgment and order dated 2.7.2004 passed by the High Court of Punjab & Haryana at Chandigarh in Regular Second Appeal No. 257 of 1982 and Regular Second Appeal No. 608 of 1982 and Cross Objection No. 14-C of 1982 by which the High Court has affirmed the judgment of the first appellate court as well as the trial court so far as the nature of the rights of the appellant in the suit property are concerned.
(2.)Facts and circumstances giving rise to these appeals are that:
A. One Dr. Hira Singh had acquired a huge property in his life time. He executed various deeds creating certain rights in favour of his sole son Dr. Shivdev Singh Grewal and two daughters, namely, Smt. Dayawant Kaur and Dr. Shivdev Kaur including the Will dated 16.9.1944, creating certain rights in favour of the appellant. Dr. Hira Singh died on 11.4.1945.

B. Shri Shivdev Singh Grewal and Smt. Dayawant Kaur died leaving behind their children. Dr. Shivdev Kaur claimed certain rights on the basis of the Will dated 16.9.1944, and for the same she filed Suit No. 161/399/74 on 4.10.1974 against her nephew for mandatory injunction seeking his eviction from the suit premises claiming absolute right/ownership over the same in view of the provisions of Section 14 of the Hindu Succession Act, 1956 (hereinafter referred to as the 'Act 1956'). The respondent/defendant contested the suit denying such a right.

C. During the pendency of the said suit, the respondent/defendant also filed Suit No. 80 of 1976, against the appellant/plaintiff for permanent injunction restraining her from transferring/alienating the suit property. The trial court vide judgment and decree dated 28.4.1978 decided the Suit No. 161/399/74, holding that appellant/plaintiff had no absolute right/ownership over the suit property. The trial court vide judgment and decree dated 4.6.1979 passed in Suit No. 80/1976, held to the effect that the appellant would not interfere in any manner in respect of the agricultural lands etc., however, she would not be dispossessed from the suit premises and it would be subject to the final decision of the another suit.

D. Aggrieved, both parties filed appeals and cross-objections. The appellate court dismissed the appeal filed by the respondent on 22.10.1981. On the same day, appeal filed by the appellant was allowed to certain extent. However, so far as the issue relating to conversion of the life interest into absolute title was decided against the appellant.

E. Aggrieved, respondent filed RSA Nos. 257 and 608 of 1982, and appellant filed RSA No. 608/1982 and cross-objection bearing No. 14-C/1982.

F. The appellant executed a Will dated 28.2.1991 in respect of the suit property creating a trust in the name of her father and appointing Shri Sudarshan Singh Deol and Brig Inderjeet Singh Dhillon as the trustees. She further made Codicil dated 25.8.1995. The appellant died on 15.2.1998 and thus executors of her Will got impleaded.

G. The High Court allowed both the RSAs filed by the respondent and dismissed the claim of the appellant. Hence, these appeals.

(3.)Shri Devender Mohan Verma, learned counsel appearing on behalf of the appellant, has argued that the appellant had become a widow at a very young age. She was maintained by her in laws, thus, her father took pity on her and as she was a destitute, brought her back and created a "life interest" in her favour in respect of the suit property by executing a Will dated 16.9.1944. She started residing in the suit property. Her father died in 1945. After commencement of the Act 1956, right of "life interest" stood crystallised into absolute right and title. Therefore, the courts below erred in deciding the issue against her. Thus, the appeals deserve to be allowed.