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1935 Supreme(All) 241

C. J, SULAIMAN
Ganga Saran Singh – Appellant
Versus
Mt. Sirtaji Kuer – Respondent


JUDGMENT

Sulaiman, C.J. - This is an appeal by the plaintiffs reversioners arising out of suit brought for possession of the property in the hands of Mt. Sirtaji, who had been a widow of their collateral. The plaintiffs case was that Mt. Sirtaji had remarried and had forfeited the estate of her husband which has now vested in them. Mt. Sirtaji denied that she had remarried, but it is now found definitely by the lower appellate Court that she had not been unchaste during the lifetime of her husband and has in fact remarried according to the Aryasamajic faith after the death of her husband. The learned Judge however took the view that the Sanataridharama is absolutely different from the Aryasamaj religion and that the latter is in fact a new religion, and applied the analogy of the case of a Hindu widow becoming a Muslim or a Christian and then remarrying and not forfeiting her estate. In appeal it is contended before us that Aryasamaj is not a new religion, but is a sect of Hinduism. It is not necessary for us to decide this point finally but prima facie it would seem to appear that Aryasamaj faith cannot be regarded as a new religion entirely distinct from Hinduism in the same way a

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