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1971 Supreme(HP) 58

D.B.LAL, M.H.BEG
Lachhman – Appellant
Versus
Thunia – Respondent


Advocates:
P.N. Nag with O P. Sharma, for Appellant; S. Malhotra with H.K. Bhardwaj, for Respondent.

Judgement

CHET RAM THAKUR, J.:- This second appeal has been referred to a Full Bench as one of the questions which arose, when it came up for hearing before one of us, was whether the rights of the reversioners who had obtained a decree declaring that their rights were intact despite an alienation made by a widow, prior to the passing of the Hindu Succession Act,1956, (hereinafter referred to as the Act), were affected by the provisions of the Act. A Full Bench of the Punjab High Court in Amar Singh v. Sewa Ram, 62 Pun LR 537 : (AIR 1960 Punj 530 FB) had, it was submitted, held that the rights of reversioners are not governed by the provisions of the Act, but by the law prevailing before the commencement of the Act. This question arose, on the facts found by the lower courts, as detailed below.

2. On the death of Shihnu, the last male holder of the property in dispute, his widow, Smt. Karju, succeeded as a limited owner of the estate left. On 22-5-1946, she gifted the land in dispute, which included her share in Shamilat land, to Lachhman defendant appellant. Thunia Ram, respondent and two others, claiming to be the collaterals of the last male owner, filed suit No.407 of 1946 for po





































































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