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1958 Supreme(Cal) 151

P.C.MALLICK
KRISHNA DASSI SAHA – Appellant
Versus
AKHIL CH. SAHA – Respondent


P. C. MALLICK, J.

( 1 ) THIS is an application by a Hindu mother for an order that the properties to be allotted to her under the preliminary decree in this suit be allotted to her as a full owner, and the preliminary decree be amended accordingly. The preliminary decree directed that the properties to be allotted to her "be held and enjoyed by her as a Hindu mother during the time or her natural life in the manner prescribed by Hindu Law". The, preliminary decree was passed on 31-1-1951. Since then, the Hindu Succession Act, 1956 came into force- The plaintiff contends that under Section 14 of the Act she is now entitled to hold and enjoy the properties to be allotted to her on partition as a full owner and not as a limited owner. It is contended by the contesting defendant that she is not entitled to the order under the said section. The decision will depend on the construction of Section 14 of the Act, which reads as follows :" (1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. (2) Nothing contained in Sub-section (1) shall apply to any property acqui











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