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Fatma Boo Vs. Ghisan Boo - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtMumbai
Decided On
Judge
Reported in4Ind.Cas.242
AppellantFatma Boo
RespondentGhisan Boo
Excerpt:
limitation act (xv of 1877), schedule ii, article 127 - applicability of the article to muhammadans. - 1. the question in this case is whether the article 127 of the limitation act can apply to a suit by the daughter of a deceased mahomedan to recover her share in his property. it was decided under the act of 1877 by an appellate bench of this court in 1885 syed gulam hussein v. bibi anvarnisa p.j. (1885) p. 170 that it can so apply, and that decision, so far as we are aware, has been followed in bombay for the last twenty-three years. it is a decision which, is binding upon us; and we, therefore, hold that the suit falls within article 127. upon this point, therefore, the judgment of the lower appellate court is confirmed.
Judgment:

1. The question in this case is whether the Article 127 of the Limitation Act can apply to a suit by the daughter of a deceased Mahomedan to recover her share in his property. It was decided under the Act of 1877 by an Appellate Bench of this Court in 1885 Syed Gulam Hussein v. Bibi Anvarnisa P.J. (1885) p. 170 that it can so apply, and that decision, so far as we are aware, has been followed in Bombay for the last twenty-three years. It is a decision which, is binding upon us; and we, therefore, hold that the suit falls within Article 127. Upon this point, therefore, the judgment of the lower appellate Court is confirmed.


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