The Court was hearing a dispute between two deceased members of a family which was pursued through their legal representatives (LRs). The LRs of the appellant had claimed possession of the property in question along with mesne profits from the LRs of the respondent.
The respondent was a widow who was in exclusive possession of the property since 1953. It was the case of the appellant that after the death of his ancestor, being the only living male member of the family as well as the legatee under the will of the ancestor, he had become the sole owner of the property. Therefore, it was alleged that the respondent has been living in the property without any legal right or interest in the property.
It was contended on behalf of the respondent that she was maintaining herself from the income derived from the property. It was also submitted that the limited right that she had in the suit property had enlarged into full ownership by virtue of Section 14(1) of the Act.
While the will claimed to have been executed in favour of the appellant made no mention of the suit property, there was no documentary evidence of the will purportedly bequeathing the property to the respondent.
The trial court had ruled in favour of the appellant. However, the Rajasthan High Court set aside this order and held that the respondent had an absolute right over the property in lieu of the maintenance which she was receiving out of the property.
Source: Barandbench
