G.S. Singhvi, J. - (1.) WHETHER Smt. Sundrabai wife of Ramchandra Rao, who was given right to enjoy certain lands belonging to Shiddoji Rao (predecessor -in - interest of the appellants) in lieu of maintenance became full owner thereof in terms of Section 14(1) of the Hindu Succession Act, 1956 (for short, 'the Act') and the sale deeds executed by her were valid are the questions which arise for consideration in this appeal filed against judgment dated 26.9.2001 of the learned Single Judge of Karnataka High Court, who declined to interfere with the concurrent dismissal of the suit filed by the appellants.
(2.) THE relationship of the parties is depicted in the chart given below: - JUDGEMENT_673_TLPRE0_2010Image1.jpg Shiddoji Rao was Pargana Watandar of Nagarmanoli, Chikkodi Taluk. He owned agricultural lands in Belagali and Kabbur villages of Chikkodi Taluk, Belgam District. He kept Gangubai as his mistress. Ramchandra Rao was born from that relationship. Shiddoji Rao died on 16.1.1942. About four months before his death, Shiddoji Rao executed maintenance deed Ex.P -1 (his son Sadasiv Rao joined his father in executing the deed), whereby possession of Rayatawa lands situated at Belagali and Kabbur villages was given to Ramchandra Rao for his maintenance with a stipulation that in case of his death without having natural male issue, his wife shall enjoy the lands for her maintenance till her life time and the same shall revert to the executants after her death. The deed also contained a condition that Ramchandra Rao, his wife and natural heirs shall not create any encumbrance or alienate the lands. The relevant portions of Ex.P -1 are extracted below: "Deed of maintenance in respect of Rayatawa lands situated at Belagali and Kabbur. Lands valued at Rs.5000/ -. Deed of maintenance executed in favour of Chi. Ramachandra Siddojirao Parwatrao, caste Lingayat, occupation: agriculture, age 45 years, resident of Nagarmunoli by (1) Siddojirao Yeshwantrao Parvatrao and (2) Sadashivarao Siddojirao Parvatrao, both Lingayasts by caste, occupation Zamindari, aged 72 and 22 years respectively resident of Nagaramonoli, taluka Chikodi is as under : You are the son of Gangabai concubine of the person No.1 out of us, and are born from him (No.1), and the person No.1 himself has been maintaining you will uptil now. As you too have been behaving well and affectionately with us, and as both of us have been behaving well and affectionately with you, and as both of us have affection for you and think it proper to make some arrangements for maintenance of you and your natural issue and as you too have made this demand to us - through the panchas, we have in pursuance thereof given into your possession this day for your maintenance the below mentioned lands which have been of our ownership and in our wahiwat. Particulars of these lands are as follows: Description of the Rayatawa lands situate within the limits of the Inam village, namely Belgali and Kabbur, within the jurisdiction of the Sub -Registrar of Taluka Chikodi, Sub - District Chikodi, Dist. Belgaum. JUDGEMENT_673_TLPRE0_2010Image2.jpg Thus, as the above mentioned immovable property is given into your possession today for the maintenance of your and your natural male issue, you should live happily by happily enjoying the said property from today. In case you die without having any natural male issue, your wife Sundrabai shall, after your death, enjoy the said lands for her maintenance only till her life time. After her death the said lands shall return to us. Neither you, nor your wife and your natural heirs shall have any right whatever for laying encumbrance upon and for alienating the said lands in any manner whatsoever. In case none of your natural male issue survives after your death, the said entire property shall return to our family. No contention whatsoever of anyone shall be maintainable in this behalf. As the above mentioned property, is as per your demand made through the panchas, given to you and your natural heirs for your proper maintenance as mentioned above, there is no right title and interest of yours left in any manner with regard to us. The valuation of the said property, is Rs.5000/ - as per the market value. To the above effect the deed of maintenance is duly executed. Dated 1st September 1941, handwriting of .." Ramchandra Rao died in 1957 and Smt. Sundrabai died in 1979. During her life time, Smt. Sundrabai executed sale deeds in favour of Smt. Parvathi Bai (defendant No.1 - respondent No.1) and S/Shri Deepak and Vinayak (defendant Nos. 2 and 3 - respondent Nos.2 and 3) in respect of some of the lands specified in Ex. P -1.
(3.) SUBHAN Rao (adopted son of Sadashiv Rao) (appellant No.1 herein) and Smt. Prafulla Devi wife of Sadashiv Rao who is now represented by her legal representatives, filed O.S. No. 62/1974 for declaration of title and for setting aside the sale deeds executed by Smt. Sundrabai, who was impleaded as defendant No.4 in the suit. After the death of Smt. Sundrabai, Smt. Ningawwa and Prakash Virupaksh Mahajan (respondent Nos. 4 and 5) were brought on record as her legal representatives on the basis of registered Will executed by the deceased. Appellant Nos.1 and 2 filed another suit being O.S. No. 116/1982 for grant of injunction to restrain the defendants from alienating the suit lands. The thrust of the case set up by the appellants was that Shiddoji Rao and Sadashiv Rao executed deed of maintenance, which has also been described as 'potagi patra' with a view to provide maintenance to Ramchandra Rao (illegitimate son of Shiddoji Rao) and his wife Smt. Sundrabai during their lifetime and as both of them died issueless, the lands automatically reverted to the family of the executants. They also pleaded that in view of the express bar contained in Ex.P -1 against alienation of the lands mentioned therein, the sale deeds executed by Smt. Sundrabai in favour of respondent Nos.1 to 3 were nullity and they did not acquire any right on the basis of such alienation.;