Document Fragment View

Matching Fragments

4. The plaintiff’s-appellant’s case is that he purchased the suit property from one P. Narasimha Roa who was having a vested remainder in respect of the said suit property on the expiry of life estate of testator’s wife Veeraghavamma. According to the plaintiff-appellant, during the life time of Veeraghavamma she enjoyed the properties and after her death the property devolved upon the vendors of the plaintiff.

5. The trial court noted the undisputed case of both the parties that Will (Exh.A2) was executed by late P. Venkata Subba Rao in favour of Veeraghavamma but she had limited interest to enjoy the property during her life time and thereafter the remainder vested with P. Narasimha Rao to enjoy the said property as absolute owner after the death of Veeraghavamma. However, the trial court held that life estate of Veeraghavamma under the Will did not become enlarged into absolute estate under Section 14(1) of the Act and the vested remainder in favour of P. Narasimha Rao did not get extinguished in respect of the scheduled properties. Accordingly, the suit was decreed.

10. On the basis of the ratio decided by this Court in the decision quoted hereinabove and also other decisions of the High Court, the trial court held that the life estate of Veeraghavamma under Exhibit A-2 will not become enlarge into absolute estate under Section 14(1) of the Hindu Succession Act and did not extinguish vested remainders interest of Narasimha Rao in the suit property.

11. In appeal, the High Court, after discussing the ratio decided by this Court in the decisions noted by the trial court and also other decisions of this Court, reversed the finding of the trial court and held that the case falls under Section 14(1) of the Act and Veeraghavamma became the absolute owner of the suit property and she had every right to bequeath the said property in favour of the first defendant P. Subba Rao under Exhibits B-1 and B-2. The High Court held that:-

As Veeraraghavamma became absolute owner by virtue of Section 14(1) of the Act she had right to bequeath the said property in favour of the first defendant under Exs.B1 and B2. Therefore, as the vested remainder of P. Narasimha Rao got nullified, he had no right or authority to sell the said property under Ex.A1 sale deed in favour of the plaintiff. As the limited interest of Veeraraghavamma blossomed into absolute right, bequeathing the said property in favour of the first defendant under Exs.B1 and B2 is legal and valid. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the limited interest to enjoy the property during the lifetime of Veeraraghavamma blossomed into an absolute right in accordance with Section 14(1), after the Hindu Succession Act, 1956 came into force and the vested remainder created in favour of the vendor of the plaintiff is nullified.”