- (1.) THIS is an appeal against the judgment and decree passed by the I Additional Civil Judge, Basti, dismissing the appeal against the iudg-ment and decree passed by the Munsif, Basti.
(2.) THE facts giving rise to this appeal are as follows. The respondent filed this suit with the allegation that she was die owner of the plots and trees and she had a right to construct a house and to cut the trees which she inherited from her husband as his widow and she became the sole owner of the same after the en forcement of the Hindu Succession Act, 1956. The suit was contested by the defendant appellant and inter alia it was pleaded that there was a compromise whereby the plaintiff accepted the widow's rights and agreed not to cut tha trees and therefore the effect of the earlier compromise would not be undone by the enforcement of the Hindu Sac-cession Act. The plaintiff's contention found favour with the trial court and the lower appellate court with the result that the plaintiff's suit was decreed. Being dissatisfied, the defendant has filed this appeal.
(3.) THE learned counsel for the appellant contended that as provided under sub-section (2) of S. 14 of the Hindu Succession Act, the plaintiff only got a widow's right in the property and as such the views taken by the trial court and the lower appellate court were not correct. Sub-section (2) of S. 14 reads as below:- "Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other in strument or the decree, order or award prescribe a restricted estate in such property." ;