SRI RAMAKRISHNA MUTT REP. BY MANAGERversusM. MAHESWARAN AND ORS.

                    [2010] 11 S.C.R. 1157


      SRI RAMAKRISHNA MUTT REP. BY MANAGER                          A
                               v.
                M. MAHESWARAN AND ORS.
               (Civil Appeal No. 8864 of 2010)
                     OCTOBER 8, 2010
                                                                    B
     [V.S. SIRPURKAR AND CYRIAC JOSEPH, JJ.]

     Hindu Succession Act, 1956: s.14(1) - Applicability of -
On facts, creation of life interest over suit property in favour
of wife - She remaining in possession of the suit property and      C
enjoying right over the said property by collecting rents since
4.3.1939 - By virtue of s.14(1), her right of life interest would
ripen into full ownership.

    Deeds and documents: Party relying upon the deeds -             0
Held: Cannot travel away from those deeds. ·

     During the period 1938 to 1943, one 'KP' executed
the settlement deeds creating life interest in favour of his
second wife over the suit property. The settlement deeds
provided that after the demise of his second wife, the              E
property would go in favour of appellant-Mutt. 'KP' died
on 31.12.1956 and his second wife died issueless on
18.3.1989. The appellant filed a suit against the
respondents for claiming the property on the ground that
after the death of second wife of 'KP', the property should         F
have reverted to the appellant-Mutt in terms of the
settlement deeds. The suit was contested by the
respondents including the children from the first wife of
'KP' and the tenants on the ground that the second wife
of 'KP' became the full owner of the property on account            G
of Section 14(1) of the Hindu Succession Act, 1956. All
the three courts below held that the second wife of 'KP'
had become absolute owner of t_he property under
Section 14(1) of the Act as she was in possession of the
                          1157                                      H
    1158     SUPREME COURT REPORTS              [2010] 11 S.C.R.


A   said property on the date when the Hindu Succession Act
    came into force. The instant appeal was filed challenging
    the orders of the lower courts.

        Dismissing the appeal, the Court
B      HELD: 1. The appellant/plaintiff relied upon the
  settlement deeds. It, therefore, cannot travel away from
  those settlement deeds. In terms of the deeds, the second
  wife of 'KP' was given the possession of suit property
  and was also given the right to enjoy the said property
C by collecting rents of the same, right from 4.3.1939 even
  during the lifetime of her husband who was only
  managing the properties on her behalf. Thus, 'those
  documents proved her possession right from 4.3.1939
  and, therefore, the subsequent death of her husband on
D 31.12.1956 was of no consequence. Thus, she was in
  possession of the property in pursuance of her pre-
  existing right of maintenance on 17.6.1956, the date on
  which the Hindu Succession Act came into force. Even
  the constructive possession is sufficient for the
E application of Section 14(1) of the Hindu Succession Act.
  Thus, her right of life interest would ripen into the full
  ownership. [Paras 10, 12, 13] [1164-C-E]

        Gumma/apura Taggina Matada Kotturuswami v. Setra
F   Veeravva AIR 1959 SC 577; Dindayal v. Rajaram 1970 (1)
    SCC 786; V. Tulasamma & Ors. v. Sesha Reddy (D) by L.Rs.
    1977 (3) sec 99 - relied on.

       Sadhu Singh v. Gurdwara Sahib Narike & Ors. 2006 (8)
    sec 75 - referred to.
G
                       Case Law Reference:
        2006 (8) sec 75           referred to           Para 6
        1911 (3) sec 99           relied on             Para 7
H
   SRI RAMAKRISHNA MUTT REP. BY MANAGER v. 1159
           M. MAHESWARAN AND ORS.

      AIR 1959 SC 577                 relied on               Para 12       A
      1910 (1) sec 786                relied on               Para 13
    CIVIL APPELLATE JURISDICTION : Civil Appeal No.
8864 of 2010.
                                                                            B
     From the Judgment & Order dated 06.02.2007 of the High
 Court of Judicature at Madras in S.A. No. 962 of 2004.

      A.K. Sanghi, K.K. Mani, S. Uday Kumar, Abhishek Krishna
for the Appellant.
                                                                            c
    V. Giri, V.G. Pragasam, S. Elambharathi, S.J. Aristotle,
Prabhu Ramasubramanian, L.A.J. Selvam, Bijan Kumar Ghosh,
Dayan Krishnan, Nikhil Nayyar, Gautam Narayan, N.A. Menon.
Law Associates for the Respondents.
                                                                            D
      The Judgment of the Court was delivered by

      V.S. SIRPURKAR, J. 1. Leave granted.

    2. A unanimous verdict of the three Courts below
dismissing the suit filed by Sri Ramakrishna Mutt (appellant                E
herein) is in challenge in this appeal.

        3. The conspectus of the facts would be necessary before
  we approach further. One Kannabiran Pillai had two wives. The
  name of his second wife was Kumudammal with whom he had
  got married before the advent of The Hindu Marriage Act, 1955.
                                                                            F
  As such, she was a legitimate wife. She had no children. The
  respondents herein are the children, or as the case may be,
  the legal heirs of the children of the first wife of Kannabiran Pillai.
  Kannabiran died on 31.12.1956, while Kumudammal died on
  18.3.1989. During his lifetime, Kannabiran had executed                   G
  settlement deeds being Exhibits A-2, A-3 and A-4, wherein, he
- had created a life interest in favour of Kumudammal. The initial
  settlement deed was dated 20.10.1938. He created a
 supplementary deed on 4.3.1939 and a rectification deed dated
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    1160      SUPREME COURT REPORTS               [2010) 11 S.C.R.     1




A   23.7.1943. Kumudammal remained in possession of the
    properties and enjoyed the same during her lifetime, inasmuch
    as, it was Kumudammal who used to recover the rents. Thus,
    she was in constructive possession of the property. In those
    settlement deeds, it was provided that after the demise of
s   Kumudammal, the property would go in favour of the appellant/
    plaintiff Sri Ramakrishna Mutt.

        4. A civil suit, therefore, came to be filed against the
  respondents herein by the appellant/plaintiff for claiming the
  property and it was pleaded that since Kumudammal had only
C the life interest, after her death, the property would revert back
  to the appellant/plaintiff Sri Ramakrishna Mutt in terms of the
  settlement deeds.

       5. This claim was contested by the defendants including
D the tenants and the children from the first wife of Kannabiran
  on the ground that the property could not have gone back as
  per the settlement deeds, as Kumudammal had become full
  owner of the property on account of Section 14(1) of The Hindu
  Succession Act, 1956. Issues were framed and as has been
E stated earlier, all the three Courts below held that Kumudammal
  had become absolute owner of the property under Section
  14(1) of the Hindu Succession Act as she was in possession
  of those properties on the date when the Hindu Succession Act
  came on the anvil. The Hindu Succession Act came on the anvil
F on 17.6.1956. It is this unanimous verdict which is in challenge
  in the present appeal.

        6. Shri A.K. Sanghi, learned Senior Counsel appearing on
  behalf of the appellant had taken us through the judgments of
  the Courts below, as also the record. The mainstay of his
G contention was that Kumudammal was not in possession of the
  suit property on the date when the Hindu Succession Act came
  into force because the possession was that of Kannabiran Pillai
  himself, since on that date he was alive. The learned Senior
  Counsel pointed out that the date of his death i.e. 31.12.1956
H
  SRI RAMAKRISHNA MUTT REP. BY MANAGER v. 1161
 M. MAHESWARAN AND ORS. [V.S. SIRPURKAR, J.]

was subsequent to the date on which the Hindu Succession Act           A
came into force and, therefore, it should be presumed that it was
only Kannabiran Pillai who was in possession of the property
on the date when the said Act came into force. The learned
Senior Counsel pointed out that in order that the possession of
a Hindu widow to be ripened into the full rights of ownership, it      s
is essential that the Hindu widow having limited right or life
interest should be in possession of the properties on the date
on which the Hindu Succession Act came into force i.e.
17 .6.1956. For his contentions, Shri Sang hi relied on the
decision of this Court in Sadhu Singh Vs. Gurdwara Sahib               C
Narike & Ors. [2006 (8) SCC 75].

     7. Shri V. Giri, learned Senior Counsel, appearing on
behalf of the respondents, urged that the law laid down in the
decision in Sadhu Singh Vs. Gurdwara Sahib Narike & Ors.
(cited supra) will not apply to the facts herein. The learned Senior   D
Counsel pointed out that all the three Courts below have held,
as a matter of fact, that on the day when the Hindu Succession
Act came into force, it was Kumudammal who was in
possession of the property and not Kannabiran Pillai. The
learned Senior Counsel further argued that there is a specific         E
recital in the three settlement deeds and more particularly, on
the settlement deed dated 4.3.1939 that Kumudammal was put
in possession of the property on the date when the said
settlement deed, to put in more rightly, the supplementary deed,
came into existence on 4.3.1939. He, therefore, pointed out that       F
at least from that date, Kumudammal was in constructive
possession. of the properties. Once Kumudammal is held to be
in possession or constructive possession of the property, the
law laid in the decision in V. Tulasamma & Ors. Vs. Sesha
Reddy (DJ by L.Rs. [1977 (3) sec 99] would apply. It will,             G
therefore, be our endeavour to see as to whether Kumudammal
was in possession or constructive possession of the property
on 17 .6.1956, the date on which the Hindu Succession Act
came into force.
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    1162      SUPREME COURT REPORTS               [2010] 11 S.C.R.


A         8. Apart from the fact that there is a unanimous finding of
    all the three Courts below on this point, the issue would be
    clinched by the recitals in the said settlement deeds.

        9. The first such settlement deed is date 20.10.1938.
    Under that deed, the property is described in Schedules A and
6
    B and the relevant recital are as under:-

                "1.   This instrument witnesseth that in
                      consideration of the premises above said,
                      the settlor doth hereby convey transfer and
c                     assign in favour of the Mission, the
                      properties described in the Schedules A and
                      B hereto subject to the life interest created
                      hereinafter below and the Mission shall be
                      entitled to enjoy subject as aforesaid the
D                     properties.

                2.    The settlor shall be entitled during the period
                      of his life to enjoy the income from the
                      properties set out in Schedules A and B
                      hereto. The settlor's second wife
E
                      Kumudammal after the settlor's lifetime be
                      entitled to utilize for herself the income only
                      from the properties described in Schedule A
                      hereto and shall have no right to the
                      properties set out in Schedule B hereto on
F                     the death of the settlor. On the death of the
                      settlor, the Mission shall take possession of
                      the property set out in Schedule B hereto and
                      enjoy the same with full powers of ownership
                      after the lifetime of both the settlor and his
G                     second wife aforesaid. The Mission shall
                      take possession of the property set out in
                      Schedule A hereto and enjoy the same with
                      full right of ownership.

H               3.    Settlor hereof declares that a part from the
 SRI RAMAKRISHNA MUTT REP. BY MANAGER v. 1163
M. MAHESWARAN AND ORS. [VS. SIRPURKAR, J.]
                  right to enjoy the income for himself and his   A
                  second wife aforesaid the settlor shall have
                  no right whatever to deal with the properties
                  settled on the Mission hereunder as from this
                  date."

    It seems that a supplementary deed was executed by 8
Kannabiran Pillai, which is described as Document No. 413 of
1939. This deed was executed on 4.3.1939. This
supplementary deed mentions the earlier settlement deed dated
20.10.1938 and the fact of its registration in respect of the
properties in the Schedules thereto. It then goes on to say that:- C

    "whereas without prejudice to the rights of the Ramakrishna
    Mission detailed therein, I have decided to confer an
    immediate interest in the Schedule mentioned properties
    in favour of my second wife Kumudammal at her request o.
    and with a view to domestic peace and whereas no other
    provision has been made for the maintenance and
    convenient enjoyment of my second wife the said
    Kumudammal, but suitable provisions have already been
    made for my first wife and children and whereas these E
    properties are all myself acquisitions and are at my
    absolute disposal. I hereby declare create and convey
    present interest in favour of the said Kumudammal my
    second wife that she shall immediately possess and
    enjoy the Schedule mentioned properties during her
    lifetime and utilize the rents and profits for her own benefit F
    without left on hindrance but without any power of
    alienation and after her lifetime the said properties shall
    pass to the Ramakrishna Mission in continuance with the
    settlement deed aforesaid. During my lifetime I shall
    manage the said properties for Iler benefit and after my G
    lifetime she will be at liberty to appoint any agent to
    manage the said properties for her benefit with a view to
    the proper realization of rents and profits and keeping the
    premises in good conditions." (Emphasis supplied).
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    1164      SUPREME COURT REPORTS               (2010] 11 S.C.R.


A        It seems that on 23. 7 .1943, Kannabiran Pillai executed a
    rectification deed to rectify the settlement deed dated
    20~10 .1938, wherein, the only rectification effected was that in
    place of "Ramakrishna Mission", the words "Ramakrishna Mutt,
    Mylapore" were inserted. This was necessitated as the settlor
B   Kannabiran Pillai was under the impression earlier that there
    was no difference between Ramakrishna Mutt and
    Ramakrishna Mission; however, he had realized that the work
    of Mission does not cover the Puja and Seva of Sri Rama
    Krishna Paramahansa and the Mission was not a religious
C   body, though the workers of the same are Sanyasis of the
    Ramakrishna Mutt.

         10. These three deeds are the documents relied upon by
    the appellanUplaintiff. The appellanUplaintiff, therefore, cannot
    travel away from these three settlement deeds. The position
D   thus becomes clear that Kumudammal was given the
    possession of this property and was also given the right to enjoy
    the property by collecting rents of the same right from 4.3.1939
    even during the lifetime of her husband Kannabiran Pillai who
    was only managing the properties on her behalf. Thus, these
E   documents will clearly go to prove the possession of
    Kumudammal right from 4.3.1939 and, therefore, the
    subsequent death of her husband Kannabiran on 31.12.1956
    would be of no consequence. In short, Kumudammal was in
    possession of the property in pursuance of her pre-existing right
F   of maintenance on 17.6.1956, the date on which the Hindu
    Succession Act came into force. That would clearly clinch the
    issue in favour of the original defendants, whose case is that
    thereby, Kumudammal's right of life interest ripened into full
    ownership.
G        11. Shri Sanghi, learned Senior Counsel, appearing on
    behalf of the appellant, in his usual persuasive style, pointed
    out that the law laid down in V. Tulasamma & Ors. Vs. Sesha
    Reddy (DJ by L.Rs. (cited supra) has been further explained
    in Sadhu Singh Vs. Gurdwara Sahib Narike & Ors. (cited
H
 SRI RAMAKRISHNA MUTT REP. BY MANAGER v. 1165
M. MAHESWARAN AND ORS. [V.S. SIRPURKAR, J.]

supra), where this Court has held to apply the law laid down in     A
V. Tulasamma & Ors. Vs. Sesha Reddy (0) by L.Rs. (cited
supra), it must be shown that the concerned widow or the lady,
as the case may be, should be in possession of the property
on the date when the Hindu Succession Act came into force
without going into the controversy as to whether the rule in V.     B
Tulasamma & Ors. Vs. Sesha Reddy (0) by L.Rs. (cited
supra) depends upon such possession on the date when the
said Act came into force. It is clear in this case that
Kumudammal was in such possession of the property on the
date when the Hindu Succession Act came into force.                 c
      12. Shri Sanghi then tried to urge that at least during the
lifetime of Kannabiran Pillai upto to 31.12.1956, the actual
possession of Kumudammal could not be presumed and,
therefore, we should hold that the possession was that of
Kannabiran Pillai himself. Even this contention is not available    D
to the appellant in this particular case as even the constructive
possession of a female Hindu has been held to be sufficient
for the application of Section 14(1) of the Hindu Succession
Act, in catena of decisions. Reference may be made to the
decision rendered by this Court in Gummalapura Taggina              E
Matada Kotturuswami Vs. Setra Veeravva [AIR 1959 SC 577],
where this Court expressed as under:-

    "The opening words in "property possessed by a female
    Hindu" obviously mean that to come within the purview of F
    the section the property must be in possession of the
    female concerned at the date of the commencement of the
    Act. They clearly contemplate the female's possession
    when the Act came into force. That possession might
    have been either actual or constructive or in any form G
    recognized by law, but unless the female Hindu, whose
    limited estate in the disputed property is claimed to have
    been transformed into absolute estate under this
    particular section, was at least in such possession, taking
    the word "possession" in its widest connotation, when the
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    1166        SUPREME COURT REPORTS               [2010] 11 S.C.R.


           Act came into force, the section would not apply."
           (Emphasis supplied).

         Similar view was expressed in Dindayal Vs. Rajaram
    [1970 (1) sec 786], where the constructive possession of a
    female Hindu was recognized for the purposes of application
8
    of Section 14(1) of the Hindu Succession Act. Therefore, even
    this contention fails.

         13. Shri Sanghi, learned Senior Counsel then pointed out
    that no such contention was raised by the defendants in their
C   Written Statement. In fact, that is also not correct. From the very
    beginning, the stand of the defendants was that under no
    circumstances, could the property go back to Ramakrishna Mutt
    in view of Section 14(1) of the Hindu Succession Act. This is
    apart from the fact that the Courts below and more particularly,
D   the first appellate Court and the High Court had gone on the
    question of applicability of Section 14(1) of the Hindu
    Succession Act and held that the Section applied to the facts
    of the case. In fact, the first appellate Court has in details
    discussed as to why Section 14(2) will not apply and further the
E   application of rule laid down in V. Tulasamma & Ors. Vs.
    Sesha Reddy (0) by L.Rs. (cited supra).

        14. In view of all this, we do not find any merits in the appeal
    and dismiss the same confirming the orders passed by the
    Courts below. However, under the circumstances, there shall
F   be no orders as to the costs.

    D.G.                                          Appeal dismissed.