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1935 Supreme(SC) 39

Lakhmi Chand – Appellant
Versus
Anandi – Respondent


Advocates Appeared:
K.P. Jayaswal, G.E. Miles, J.C. Durai

Sir Shadi Lal:-

On the 5th June 1915, two brothers, Baldeo Sahai and Seth Lakshmi Chand, who constituted a joint Hindu family governed by the Mitakshara school of Hindu law, executed a document providing for the disposal of their estate. It was presented for registration, on the 8th June, at the office of the sub-registrar, and was duly registered on the 9th June. This document, which has been variously described as an agreement or a joint will of the two brothers, stated, inter alia, that, in the event of one broner dying without leaving a male issue, his widow's name should be substituted for that of the deceased husband in the public records relating to the estate. Her interest in the estate was defined in the eighth paragraph of the instrument, and, as there is a controversy between the parties about the interpretation to be placed upon it, it is necessary to set it out in extenso:

(8) We, both the parties, have, up to this time been jointly managing all the estate affairs and shall continue to manage it in the same way, provided no partition takes place. After the death of one party all managements relating to the estate shall be made by the surviving party. The wife of a deceas








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