Hindu Succession Act (30 of 1956), ss. 8 and 14(1)-If s. 8 retrospective Scope of s. 14(1)-Possession by female as trespasser- If title conferred.

On the death of the last male holder of the properties in dispute his two step mothers got possession of the properties. Claiming to be his nearest heirs, respondents 1 and 2 filed a suit for recovery of possession of the properties. After the High Court had, in appeal, passed a decree in their favour, the Hindu Succession Act, 1956, came into force, and when respondents 1 and 2 sought the execution of the decree in their favour, the appellant (who was one of the step mothers) filed objections, on the ground that she had been in possession of half the properties since the death of her husband, and that by virtue of the provisions of the Act, she had become full owner of the properties in her possession, The executing court accepted the contention and dismissed the execution petition. But the appeal to the High Court was allowed on the ground that the Act did not apply.

In her appeal to this Court, the appellant contended that (i) under s. 8 of the Hindu Succession Act, she, being the step mother, was entitled to inherit the properties in preference to respondents I and 2, and (ii) by virtue of s. 14 she became the full owner of the properties and there fore the respondents No. 1 and 2 could not be allowed to proceed with the execution.