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1937 Supreme(Nagpur) 203

STONE, POLLOCK, VIVIAN BOSE
AMRUT – Appellant
Versus
THAGAN – Respondent


Advocates Appeared:
D N Choudhari, Hari Singh Gour, M B Kinkhede, Advocates

JUDGMENT

Pollock, J—The property in dispute belonged to one Dulli. On his death in 1898, it passed to his mother, Mt. Maina, who died in 1930. The plaintiffs, who are Dulli's half-sisters by the same father but a different mother, claimed the property as Dulli's heirs. The parties are admittedly governed by the Benares School of Mitakshara law. It is conceded that the Hindu Law of Inheritance (Amendment) Act 2 of 1929 applies, and this Act provides that a son's daughter, daughter's daughter, sister, and sister's son shall, in the order so specified, be entitled to rank in the order of succession next after a father's father and before a father's brother. The lower Appellate Court differing from the first Court, held that the term 'sister' does not include a half-sister, and therefore dismissed the plaintiffs' suit. A Full Bench of the Allahabad High Court in Ram Adhar v. Mt. Sudesra, 1933 AIR(All) 491 held that the term ''sister'' in Act 2 of 1929 does not include a half-sister, and this decision has been followed in Mt. Kabootra v. Ram Padarath,1935 AIR(Oudh) 332 and Mt. Sahodra v. Ram Babu, 1937 AIR(All) 655. We do not think it necessary to add anything further to what has been sa


























































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