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2019 (4) TMI 2116 - SUPREME COURTSuit for possession of the subject land - possession of property but devise referred to under explanation to Section 14(1) of the Act, 1956 not existing - pre-existing right over the subject property of a widow - HELD THAT:- In Eramma v. Veerupana and Ors. [1965 (11) TMI 148 - SUPREME COURT], the widow was in possession of the half of the property of her late husband and claimed her absolute ownership by virtue of Section 14 of the Act, 1956 which was negated by this Court for the reason that the widow was not holding possession over the subject property in question under any of the devise indicated in the explanation to Section 14(1) of the Act, 1956. Wherein V. Tulasamma and Ors. v. Sesha Reddy(Dead) by LRs [1977 (3) TMI 156 - SUPREME COURT], it was an admitted case before the Court that the suit property came in possession of the widow under a compromise in execution of decree of the Court, restricting her right of alienation in recognition of right to maintenance, having pre-existing right over the subject property in question on the date the Act, 1956 came into force(i.e. 17th June, 1956). In that reference, the claim was considered by this Court and held that the pre-existing right of the widow on the date of the commencement of the Act, 1956 will get her the absolute rights over the subject property. In the instant case, the Appellant although was holding possession but not under any of the devise referred to under explanation to Section 14(1) of the Act, 1956 and mere possession would not confer pre-existing right of possession over the subject property to claim full ownership rights after the Act, 1956 came into force by operation of law and this what was considered and negated by the High Court in the impugned judgment. The appeal fails and is accordingly dismissed.
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