Supreme Court · 1951 INSC 12 · Decided 2 March 1951

Fatma Haji Ali Mohammad Haji and Others v. The State of Bombay

Court
Supreme Court of India
Citation
1951 INSC 12 · [1951] 1 S.C.R. 266
Case number
CIVIL APPEAL No. 28/1950
Decided
2 March 1951
Bench
MEHR CHAND MAHAJAN, BIJAN KUMAR MUKHERJEA, SIR SYED FAZL ALI, N. CHANDRASEKHARA AIYAR (4-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Land Revenue Code Section 48

Headnote

S>atli v, x., •• , $in(jh ONIQl!wr1. 1951 Morell 2. SUPREME COURT REPORTS [1951) that the common ancestor owned the land and that his sons got it from him ht inheritance in equal shares. The District Judge was obviously wrong when he decreed the plaintiff's suit even with reference Singh. He was equally wrong in holding tHat the customary law which governed the parties did not permit the owner to will away ':my portion of the property, whether ancestral or self-acquired ; this is contrary to section 7 of Punjab Act II of 1920, which is in these terms : "Notwithstanding

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