MT JANKU vs ZEBOO - 1926 Supreme(Nagpur) 14

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(Nagpur) 14

FINDLAY
MT JANKU – Appellant
Versus
ZEBOO – Respondent

Advocates Appeared:
D T Mangalmoorti, Y V Jakatdar, Advocates

JUDGMENT

Findlay—The facts of this case are sufficiently clear from the lower Court's judgment. I may at once clear away one contention which has been raised on behalf of the defendant-non-applicant. That contention was to the effect that the Judge of the Small Cause. Court had not given a finding that the articles given by her father were given to his daughter, the plaintiff-applicant, rather than to her husband or the latter's family. The finding of the Judge of the Small Cause Court, in paragraphs 9 and 10 of his judgment, seems to me perfectly clear on this point. He accepted the evidence produced on behalf of the plaintiff as compared with that produced on behalf of the defendant, and that evidence was to the effect that it was to the plaintiff herself that the gifts were made. As is, moreover, perfectly clear from paragraph 10 of the lower Court's judgment, the Judge decided the case against the plaintiff on the assumption that the gifts had been made to her, but even so he held that they did not constitute the stridhan.

2. For my own part, it seems to me perfectly clear, cf: Muthukaruppa Pillai v. Sellathammal, 1916 39 ILR(Mad) 298 and Mayne's Hindu Law, 9th edition, paragraph

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