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1951 Supreme(Bom) 7

H.K.CHAINANI, N.H.BHAGWATI
Soniram Raghushet and Ors. – Appellant
Versus
Dwarkabai Shridharshet and Anr. – Respondent


Judgment

Bhagwati, J.

1. His Lordship set out the facts rejected the first contention of the defts. The judgment then proceeded; ] The next contention urged by him was that in any event the partition in regard to the agricultural lands was saved by the proviso to S. 2, Bombay Act XVII [17] of 1942. We have already adverted to the circumstances under which the Bombay Act XVII [17] of 1942 came to be passed. The Hindu Womens Eight to Property Act, 1937, the Hindu Womens Right to Property (Amendment) Act, 1938, purported to give better rights to women to property in general. But the F. G. held that the said Acts did not operate to give them better rights in respect of agricultural lands. Several transactions had already taken place in the Province of Bombay on the basis that women had acquired better rights under the said Acts in the case of agricultural lands as well as other kinds of properties these transactions were invalidated by reason of the judgment of the P. G. Necessity, therefore, arose to validate those transactions as well as to give women in future those better rights. For that purpose as well as for other purposes it was deemed expedient to extend the said Act to ag






















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