Banerjee, J. - (1.) This is reference made to a Special Division Bench, under the second proviso to Rule 1, Chapter II of the High Court Appellate Side Rules. The questions of law referred for determination are:- (a) Whether the compensation awarded in respect of property in the possession of a widow, who had not, at the date of the acquisition absolute interest therein and kept under the provisions of the Land Acquisition Act with the Land Acquisition Court of the President of the Improvement Tribunal is property "possessed" by a female Hindu, within the meaning of Section 14(1) of the Hindu Succession Act 1956? (b) Whether this money is property acquired by the widow under a decree or an award prescribing a restricted estate therein, within the meaning of Section 14(2) of the Act? K. C, Das Gupta and Law JJ., who recommended the reference of the two questions, to a Special Division Bench, observed that such a reference was necessary "In view of the great importance of these questions and the fact that the decision is bound to affect the interests of innumerable persons in money lying in deposit with the Land Acquisition authorities on the date, when the Hindu Succession Act, 1956, came into force". Section 14 of the Hindu Succession Act, 1956, referred to above, is hereinbelow set out:- "Section 14(1). Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act shall be held by her as full owner thereof and not as a limited owner. Explanation -- In this Sub-section "property" includes both movable and immovable property acquired by a female Hindu by inheritance or devise or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhan immediately before the commencement of this Act. (2) Nothing contained in Sub-section (I) 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 instrument or the decree, order or award prescribe, a restricted estate in such property." I need refer to the facts of the case briefly so as to understand how this reference came to be made.
(2.) Promises No. 39 Chandni Chawk Street originally belonged to One Dashmoni Dasi. She died leaving two daughters Shyamasundari and Tripura Sundari. Under the last will and testament of Dashmoni. Shyama Sundari was bequeathed a ten annas share and Trinura Sundari a six annas share in the aforesaid premises, subject to certain charges as to Deva-Sheba, Tripura Sundari died, in or about the year 1888. leaving two sons Copal Chandra and Beni Madhab, who succeeded her, each having a three annas share in the property. Gopal died in the vear 1891 and was succeeded by his two sons Bepin Chandra and Narendra Nath. Bepin married twice. His first wife predeceased him, leaving two daughters, Sailabala (the petitioner) and Mrinalini, now dead. Bepin himself died in the year 1913, his second wife (the opposite party) surviving him. On the death of Bepin, she inherited, in the right of a Hindu widow, an one anna six pies share in the premises, to which Bepin was entitled.
(3.) The aforesaid premises was acquired under the Land Acquisition Act, and a sum of Rs. 1,55,250/- was awarded, on 20-2-1937, as compensation by the Land Acquisition Collector.;