Nistarini Dasi vs Dharmodas Das - 1887 Supreme(Cal) 72

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1887 Supreme(Cal) 72

MITTER, BEVERLEY
Nistarini Dasi – Appellant
Versus
Dharmodas Das – Respondent

JUDGMENT

Mitter and Beverley, JJ. - Upon this state of things it is contended before us that delivery of possession not having been effected at all, the gift, according to Hindu law, is not valid. The District Judge, who has held that the gift is valid, has relied upon Section 123 of the Transfer of Property Act in support of his conclusion.

2. It is contended before us that Section 123 does not at all abrogate that part of the Hindu law which requires that possession must be delivered in order to complete a gift, and in support of this contention Section 129 of the Transfer of Property Act is referred to. That section says: "Nothing in this chapter relates to gifts of moveable property made in contemplation of death, or shall be deemed to affect any rule of Mahomedan law, or, save as provided by Section 123, any rule of Hindu or Buddhist law. Now this section no doubt leaves intact the Hindu law except so far as it is touched by the provisions of Section 123 referred to above. We think that the District Judge is right in the construction which he has put upon Section 123 of the Transfer of Property Act. We may, however, state here that it is by no means clear under the Hindu law tha

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