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1972 Supreme(Kar) 266

G.K.GOVINDA BHAT, E.S.VENKATARAMAIAH, H.B.DATAR
Shivadeviamma – Appellant
Versus
Sumanaji – Respondent


Advocates:
Advocate Appeared:
Mr. B.P. Holla, for the Appellant
Mr. K.R. Karanth, K.R.D. Karanth, for the Respondent

JUDGMENT

Govinda Bhat, J.—Under Section 7 of the Mysore High Court Act, 1961 (hereinafter called 'the Act') a Bench consisting of Honniah and Venkataramiah, JJ., by order dated November 3. 1970. referred to a Full Bench the following questions of law:--

(1) Does Section 14 (11 of the Hindu Succession Act, 1956, apply to the case of life interest acquired before or after the commencement of the said Act, under Sections 35 and 36 of the Madras Aliyasanthana Act. 1949 (Madras Act No. IX of 1949). by a female who has completed fifty years of age (a Nissanthathi Kavaru) and possessed by her and does such female hold such property absolutely and not as a holder of a life interest?

(2) Are provisions of Section 36 (3). (4) and (5) of Madras Aliyasanthana Act 1949 (Madras Act IX of 1949), inconsistent with Section 14(1) of the Hindu Succession Act. 1956. in so far as they relate to females governed by Aliyasanthana Law and do those provisions cease to apply to such females even though they may have completed fifty years of age by virtue of Section 4 of the Hindu Succession Act. 1956?

(3) Has a female, governed by Aliyasanthana Law who has completed fifty years of age, the power to bequeath und






























































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