P.K. Palli, J. - (1.) The question arises for our consideration in this petition is whether the property held by a Hindu female in lieu of her pre-existing right of maintenance would become her absolute property under the provisions of Section 14 of the Hindu Succession Act, 1956, and whether she has a right to alienate that property after coming into force of the Act when she had become the absolute owner of the same.
(2.) One Dasonda Singh had three sons Bachan Singh, Shyam Singh and Bakshish Singh and on the death of his first wife he married to one Mst. Maha Kaur widow of Prem Singh. Mst. Maha Kaur had a son Sampuransingh from the loins of her earlier husband Prem Singh and respondents No. 4 and 5 Bikar Singh and Modan Singh, sons of Sampuran Singh and thus, grand-sons of Mst. Maha Kaur. On the death of Dasonda Singh somewhere in 1940, a dispute about the inheritance arose between the three sons of the on hand and Mst. Maha Kaur widow on the other hand. When an appeal was pending in this respect before the Revenue Officer, the parties settled the dispute through a compromise attested by the Revenue Officer on 16-12-1940, and Mst. Maha Kaur was given 30 bighas of land out of the estate left by her husband for the purposes of her maintenance for life with the rider that she would have no right of alienation and in the event of her death, the said land was reverted back to the three sons of Dasonda Singh. Mst. Maha Kaur is admitted to have died on 12-6-1976, and before her death she executed a registered Tamliknama on 31-7-1968, in favour of respondents Bikar Singh and Modan Singh her grand-sons from her first husband.
(3.) Two suits were filed on by the sons of Dasonda Singh for possession of the land in question in the hands of the above said respondents and one by the said respondents against the sons of Dasonda Singh for permanent injunction. Both the suits were consolidated and the suit filed by the above said respondents was decreed and the suit filed by the sons of Dasonda Singh was dismissed by the Assistant Collector vide judgment dated 12-8-1981, and an appeal was filed by the heirs of Dasonda Singh i. e. Bachan Singh son of Dasonda Singh and Balbir Kaur, daughter of Bakshish Singh. The other heirs of Dasonda Singh were impleaded as proforma respondents. This appeal came to be decided by the Revenue Appellate Authority vide the judgment dated 12-9-1983, Annexure 2 and the same was dismissed. A second appeal was taken against these decisions to the Board of Revenue and that again was dismissed vide the judgment dated 20-10-1992, Annexure 3.;