SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1917 Supreme(Mad) 100

NAPIER, S.AIYAR
Kondapalli Parasuramareddi And – Appellant
Versus
Malereddi Venkayya, – Respondent


JUDGMENT

Seshagiri Aiyar, J.

1. Mr. Ramadoss bas again raised the question whether the consent of the next presumptive reversioner is conclusive evidence of an alienation having been made by a widow for justifiable necessity. He is justified in the state of the authorities in raising it.

2. Speaking for myself, I see no reason to re-consider my decision in Nachiappa Gounden v. Rangasami Gounden 26 Ind. Cas. 757: 28 M. L. J. 1: (1915) M. W. N. 53: 2 L. W. 69: 17 M. L. T. 87 (P. C.), It is not because I am unwilling to go back upon my views that I say this, but because the later pronouncements of the Judicial Committee on the question are not in conflict with what I then said. Two decisions of that Tribunal have been quoted before us. In Hari Kishen Bhagat v. Kashi Parshad Singh 27 Ind. Cas. 674: 42 C. 876: 17 M. L. T. 115: 19 C. W. N. 370: 13 A. L. J. 223: 2 L. W. 219: 21 C. L. J. 225: 28 M. L. J. 565: 17 Bom. L. R. 426: (1915) M. W. N. 511: 421. A. 64 (P. C), the expression "stringent equity" was used by the Board. A good deal of discussion has been directed to explain its meaning. It is said, that by these words the Judicial Committee intended to lay down that the consent rendered th







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top