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1946 Supreme(Mad) 175

LORD MACMILLAN, M.R.JAYAKAR, SIR JOHN BEAUMONT
Lala Duni Chand – Appellant
Versus
Mosammat Anar Kali – Respondent


Advocates:
C.S. Rewcastle, K.G. and Ralph Parikh for J. M. Parikh, K.C., for Appellants.
Sir Thomas Strongman, K.C., W. Wallach and J. M. R. Jayakar for Respondents.

Jayakar.-This is an appeal from a judgment and decree of the High Court of Judicature at Allahabad, dated 29th August, 1941, which affirmed the judgment and decree of the Court of the First Civil Judge of Saharanpur, District Saharanpur, dated the 10th January, 1938.

The parties are Hindus subject to the Mitakshara Law of Benares School, and this appeal involves the construction of the Hindu Law of Inheritance (Amendment) Act, 1929 (Act No. 2 of 1929) which is hereinafter referred to as “the Act”. The Act is not expressed to come into operation on a particular day. It received the assent of the Governor-General on the 21st February, 1929, and under the provisions of section 5 of the General Clauses Act, 1897, (Act No. 10 of 1897) it came into operation immediately on the expiration of 20th February, 1929.

The description and preamble of the Act make it clear that the object of the Act is to alter the order of succession of certain persons therein mentioned, namely, a son’s daughter, daughter’s daughter, sister and sister’s son, and to rank them as heirs in the specified order of succession next after a father’s father and before the father’s brother.

The Act thus amends the old order















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