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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)