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Sripat Mal Vs. Harduar Mal and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in18Ind.Cas.490
AppellantSripat Mal
RespondentHarduar Mal and ors.
Excerpt:
hindu law - inheritance--leprosy of virulent type--exclusion from inheritance--every person suffering from leprosy not excluded. - - the appeal, therefore, must fail and we dismiss it with costs......22 c. 843; 22 i.a. 94; rangayya chetti v. thanikachalla mudali 19 m. 74; helan dasi v. durga das mundal 4 c.l.j. 323; ranchhod narain v. ajoobai 9 bom. l.r. 1149. in view of these rulings, we ate unable to accept the contention of the learned vakil for the appellant that every person suffering: from leprosy is excluded from inheritance. in the present case, both the courts below have found that the disease from which the plaintiff is suffering is not of a virulent type. the appeal, therefore, must fail and we dismiss it with costs.
Judgment:

1. The question in this case is whether under the Hindu Law, leprosy, unless it be of a virulent type, can exclude a person from inheritance. The learned Vakil for the appellant had cited to us a number of texts in which it is laid down that a person afflicted with an incurable disease is so excluded, and in some of these texts mention is made of leprosy. The question has been considered in a number of cases by the different High Courts, and it has been held that it is only in the case of leprosy of a virulent type that the disease is a ground of exclusion from inheritance. We may refer to the decision of their Lordships of the Privy Council in the case of Bhagaban Ramanuj Das v. Rum Proparna Ramanuj 22 C. 843; 22 I.A. 94; Rangayya Chetti v. Thanikachalla Mudali 19 M. 74; Helan Dasi v. Durga Das Mundal 4 C.L.J. 323; Ranchhod Narain v. Ajoobai 9 Bom. L.R. 1149. In view of these rulings, we ate unable to accept the contention of the learned Vakil for the appellant that every person suffering: from leprosy is excluded from inheritance. In the present case, both the Courts below have found that the disease from which the plaintiff is suffering is not of a virulent type. The appeal, therefore, must fail and we dismiss it with costs.


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