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1995 Supreme(Pat) 60

BISHESHWAR PRASAD SINGH, DHARAMPAL SINHA, S.N.JHA
Prayag Gope – Appellant
Versus
Etnal Smart – Respondent


Judgment

Bisheshwar Prasad Singh, J.

1. Since questions which appeared intricate and of public importance arose in this Second Appeal, the appeal, has been referred by a Division Bench to the Full Bench for an authoritative decision. The two questions formulated by the referring Bench are the following :

(a) Whether the -property, inherited by a Christian convert daughter from her deceased Hindu father by virtue of Caste Disabilities Removal Act 1850 on her death prior to Hindu Womans Right to Property Act will pass to the reversioners of her father or to her own Christian progeny under the Indian Succession Act?

(b) Whether the law laid down in the cases of Fakeer Bux V/s. Saira Bagum -- , Mathongin Gupta V/s. Ramratan Roy ILR 19 Calcutta 289 and Miter Sen Singh V/s. Maqbul Hasan Khan AIR 1930 Privy Council 251 is in conflict with the views expressed by the Privy Council in Abraham V/s. Abraham (9) Moors Indian Appeal 195; Khunni Lal V/s. Kunwar Gobind Krishna Narain Indian Appeals 875 and Karimuddin V/s. Govind Krishna 36 Indian Appeals 1881?

(It appears that by inadvertands the Hindu Womens Right to Property Act has been mentioned in the question, instead of Hindu Succession Act,


































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