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RajnaraIn Singh Vs. Heeralal and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1880)ILR5Cal142
AppellantRajnaraIn Singh
RespondentHeeralal and ors.
Cases ReferredBhimul Doss v. Choonee Lall
Excerpt:
'oudh estates act' (i of 1869) - mortgagee--birt zemindari--under--proprietary rights--sub-settlement--malikana. - richard garth, c.j.1. we consider that this case is governed by the full bench judgment in the case of bhimul doss v. choonee lall (i.l.r., 2 cal., 379), where it was virtually decided, that in joint families governed by the mitakshara law, the principle of survivorship obtains until partition, and that upon a partition taking place, the distribution amongst the different members of the family is to be made not according to the ordinary hindu rule of heirship, but per stirpes.2. runglal having died subsequently to the institution of the suit, and also after the decision in the lower court, the plaintiff will be entitled to a one-fourth share instead of the one-fifth share claimed by him.
Judgment:

Richard Garth, C.J.

1. We consider that this case is governed by the Full Bench judgment in the case of Bhimul Doss v. Choonee Lall (I.L.R., 2 Cal., 379), where it was virtually decided, that in joint families governed by the Mitakshara law, the principle of survivorship obtains until partition, and that upon a partition taking place, the distribution amongst the different members of the family is to be made not according to the ordinary Hindu rule of heirship, but per stirpes.

2. Runglal having died subsequently to the institution of the suit, and also after the decision in the lower Court, the plaintiff will be entitled to a one-fourth share instead of the one-fifth share claimed by him.


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