Raghunath Sahu And Anr. vs Bhimsen Naik And Anr. on 24 July, 1964
27. I may next refer to the Bench decision of the Orissa High Court in Reghunath Sahu v. Bhimsen Naick A.I.R. 1965 Orissa 59, which followed and applied the principle of the Bench decision of this Court referred above. In that case a suit was filed by the widow of a predeceased coparcener of a joint family to enforce her rights under the Act of 1937 and there was a compromise under which the widow, amongst other things, was allotted some lands to be enjoyed by her during her lifetime. The compromise contained the stipulation that she shall not transfer her interest in the lands in respect of which she was given a life interest. After the Act of 1956 came into force, disputes arose between the parties on the question whether the widow became an absolute owner in respect of the properties allotted to her for her lifetime. On the first point, the Bench held that the property was not acquired within the meaning of Section 14(2) because, even before the compromise, the widow had acquired, title from inheritance from her husband and that the compromise merely declared and dealt with her pre-existing rights. That is one ground on which Section 14(2) was held inapplicable. The Bench also held that Section 14(2) would not apply to properties given to the Hindu female either in partition or in lieu of maintenance. It was observed at pages 60 and 61 as follows: