Supreme Court of India
Smt. Himi and Anr. v. Smt. Hira Devi and Ors.
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What the Court ordered
In the result this appeal succeeds and is allowed. The judgment and decree of the High Court in R.S.A. No. 18 of 1978 dated 5th August 1988 is set aside, instead the decree passed in favour of the plaintiffs by the learned Senior Sub-Judge, Kulu on 6th September 1976 and as confirmed by the learned Additional District Judge, Mandi, Himachal Pradesh, on 19th November 1977 in Civil Appeal No. 50 of 1976 is restored. In the facts and circumstances of the case there will be, no order as to costs.
Judgment, 864 F-G
From the headnote
Hindu Succession Act, 1956: S.14(1) and (2)-Hindu Female having a restricted right to occupy properties flowing from consent terms not created in acknowledgment of any pre-existing right of maintenance-Held, covered by Section 14(2) and not S. 14(1)-She does not become absolute owner by virtue of provisions of S. 14(1). One "A" owned agricultural lands and made will of his properties dividing equally the properties between his second wife "B" and daughter from the first wife "C".…
Authorities it was built on
- Vaddeboyina Tulasamma v. Vaddeboyina Sesha Reddy
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