Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
Smart Summary

Judgment Summary — Manohar Lall, J. (with Mukharji, J. concurring)

Factual and Procedural Background

This appeal is by the plaintiffs against the dismissal by the first Additional Subordinate Judge of Chapra dated 31 January 1944 of a suit for recovery of possession of disputed property.

The contested property originated in the estate of Gossain Jag Mohan Datt Pandit. Two branches are important: the line of Gossain Gopal Dutt Pandit (whose son Ramkishun Dutt was husband of the two plaintiffs and who died in 1934) and the line of Gossain Chatturbhuj Dutt Pandit (who by will gave 12/16ths to Musammat Akho Kuer and 4/16ths to his daughter Bacha Kuer, the defendant).

Praduman Dutt Prasad (son of Chatturbhuj) and Musammat Akho Kuer had daughters; Suraj (or Suruj) Kala Kuer inherited the twelve-anna share from Musammat Akho Kuer and died in 1929. The parties disputed whether Suraj Kala died on 2 January 1929 (plaintiffs' case) or on 12 March 1929 (defendant's case). The Subordinate Judge found on ample evidence that she died on 12 March 1929.

Possession disputes followed (initially in the land registration department and by mutation proceedings), ultimately referred to the civil court under section 55 of the Land Registration Act. The plaintiffs filed the suit on 11 August 1941, alleging dispossession of their husband on 1 February 1933.

The Subordinate Judge held that after enforcement of the Hindu Law of Inheritance (Amendment) Act (II of 1929) the plaintiffs had no title because the defendant was the preferential heir; he also found the plaintiffs' story of continuous possession false and held the suit barred by limitation. The plaintiffs appealed.

Legal Issues Presented

  1. Whether the rule of stridhan succession under the Mitakshara School has been altered by the Hindu Law of Inheritance (Amendment) Act (II of 1929) so as to affect succession to property held by a female (stridhan).
  2. Whether Act II of 1929 applies to succession to property that was held by a female at the time succession opened (i.e., whether the Act's altered order applies when the property in question is stridhan of a woman).
  3. Who was entitled to the disputed property on the death of Suraj Kala Kuer (date found to be 12 March 1929) under the relevant law (Mitakshara rules versus the 1929 Amendment).
  4. Whether the plaintiffs' suit was barred by limitation in view of the dates of possession alleged by the parties and receipts produced in evidence.

Arguments of the Parties

Appellants' (Plaintiffs') Arguments

  • Act II of 1929 has no application to succession to stridhan property held by a female; the Act's preamble and section 1(2) indicate it is intended to alter succession order only in respect of property of a Hindu male.
  • On the death of Musammat Akho Kuer and thereafter of her daughter Suraj Kala Kuer, the property must be governed by the general Mitakshara rules of succession to stridhan, which give title to the husband (Ramkishun Dutt) in the present facts.
  • Evidence (receipts, exhibit 2 series) shows Ramkishun Dutt was in possession for the years corresponding to 1336–1340, supporting plaintiffs' possession and title.
  • The suit was filed within twelve years of the husband's death (1934), so it was not barred by limitation.

Respondent's (Defendant's) Arguments

  • The defendant relied on Act II of 1929, contending that on the death of Suraj Kala Kuer the property would devolve on her maternal husband's line (Praduman Dutt Prasad) and therefore, by application of the 1929 Act, the defendant (sister of Praduman) would be the preferential heir under the altered order.
  • Counsel for the defendant further argued a legal fiction that the husband's life is assumed to continue in the existence of his widow, and thus succession should be treated as if the male had been alive when the female died, bringing the property under the scope of the 1929 Act.
  • Several cases were relied upon to support the contention that the date relevant to the operation of the 1929 Act is the death of the female heir (or that the male's date of death is not determinative), and thus the defendant claimed entitlement from 1929 onwards and that limitation barred the plaintiffs.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Musammat Sahodra v. Ram Babu (Judicial Committee) Considered the ambit of Act II of 1929; explained object is to alter order of succession and interpreted section 1(2) as limiting application to specified persons. The Court relied on this decision to emphasise that section 1(2) restricts the Act's operation and to support the view that the Act applies only to property of males.
Kamla Prasad v. Murli Manohar (this Court) Held that under Mitakshara the stridhan of a woman who dies leaving no issue or male line devolves on her husband and failing him to his nearest kinsman (sapindas). Used to show that under general Mitakshara rules the plaintiffs' husband had title to the property on the death of Musammat Akho Kuer.
Nawat Singh v. Shambarat Kuer (Dhavle, J.) Decision referenced on the point of succession to stridhan (supportive of Mitakshara principles cited). Cited as additional authority for the general Mitakshara rule governing succession to stridhan property inherited by a female and passing to the next stridhan heir.
Chulhan Barai v. Akhli Decided that whether certain persons are heirs under Act II of 1929 where a widow is in possession as a limited owner depends on the date of her death, not on the date of death of the last male holder. The Court noted this decision but distinguished it and held it did not support the defendant's argument that the Act applied to property of a female.
Pokhan Dusadh v. Mausa Holds that the date of death of the male owner is not material; the entitlement of a reversioner cannot be determined until the death of the female owner; includes remark about a legal fiction as to the husband's life. The Court considered but rejected the defendant's reliance on the "fiction of law" notion from this case, because the property in question was not the property of the male when he died but of the female.
Musammat Charjo v. Dina Nath (Tekchand, J.) Held that succession to stridhan of a woman devolving on her husband would be governed by Act II of 1929. The Court expressly disagreed with this decision, describing it as incorrect and noting it was dissented from by a Division Bench of the Madras High Court in Manda Mahalakshmamma v. Mautravadi.
Manda Mahalakshmamma v. Mautravadi (Madras High Court, Division Bench) Dissented from Musammat Charjo; emphasised that Act II of 1929 is limited by sub-section (2) of section 1 to property of a male. The Court endorsed the view expressed by the Madras Division Bench as supporting the conclusion that the 1929 Act does not govern succession to property of a female.
Shakuntalabai v. Court of Wards (Nagpur High Court) Expressed the view (referred to approvingly) consistent with limiting the Act to property of a male. The Court cited this Nagpur High Court judgment as correctly stating the law contrary to Musammat Charjo.
Lakshmi Ammal v. Anantharama Decides that where a Hindu male died intestate before Act II of 1929 leaving a limited female heir who was alive after the Act came into force, the succession to the deceased male member is governed by the Act; the death of the female heir opens the reversion. The Court treated this authority as addressing a distinct point (death of the female heir opening succession to a male's estate) and not as supporting the defendant's contention in the present facts.

Court's Reasoning and Analysis

The court's core legal analysis proceeded from a textual reading of section 1(2) of Act II of 1929 and from the established Mitakshara rules governing stridhan succession.

Key analytic steps taken by the court:

  • The court observed that section 1(2) of Act II of 1929 explicitly states the Act applies "to such persons in respect only of the property of males, not held in coparcenary and not disposed of by will." Based on this text the court asked: "How can the Act apply to the property of females?"
  • The court identified the decisive factual question for application of the Act: whether the property in question was held by a male when succession opened or was property held by a female. If the property was held by a female when succession opened, the 1929 Act does not apply.
  • Applying that test, the court found the disputed property was the stridhan of Musammat Akho Kuer and at her death was possessed by her daughter as a limited owner; upon the daughter's death (held to be 12 March 1929) succession to that property opened in respect of the female's stridhan—not as property of a male.
  • The court relied on Mitakshara principles (as stated in Mulla: paragraph 146 on stridhan succession order and paragraph 169 on a female's limited estate acquired from a female and its subsequent devolution) and on cited decisions (e.g., Kamla Prasad and Nawat Singh) to establish that the stridhan would pass to the husband's line (Ramkishun Dutt) under the general law rather than under the 1929 Act.
  • The court rejected the defendant's contention (pressed by Mr. Mehdi Imam) that a legal fiction should treat the property as having devolved on the husband and thus as the husband's property for the purposes of applying the 1929 Act. The court held the property was not the property of Praduman Dutt when he died; it was the property of Musammat Akho Kuer, and the Act does not operate upon property of females.
  • The court examined the cases relied upon by the defendant and found they did not support his contentions: Chulhan Barai and Pokhan Dusadh were distinguished; Musammat Charjo was criticised as incorrect and noted to have been dissented from by higher authority; Shakuntalabai and the Madras Division Bench in Manda Mahalakshmamma were treated as correctly construing the Act's limits.
  • On possession and limitation, the court analysed documentary evidence. It accepted the plaintiffs' receipts (exhibit series 2) showing possession by Ramkishun Dutt for years 1336–1340 and noted that most of the defendant's receipts (exhibit B series) only dated from 1339 onwards. One early defendant receipt (exhibit B3) was disbelieved by the Subordinate Judge as "got up" and thus excluded. Consequently, the defendant's earlier possession claim failed and, even if co-sharers' possession existed, no adverse possession/limitation against the plaintiffs arose.
  • Because the plaintiffs' husband held title on the death of Suraj Kala Kuer and died in 1934, and the suit was instituted within twelve years of that death, the court concluded the suit was not barred by limitation.

Holding and Implications

Holding: The court held that Act II of 1929 does not govern succession to the disputed property because the property was stridhan held by a female when succession opened; therefore the general Mitakshara rules determine succession and the plaintiffs' husband (Ramkishun Dutt) had title on the death of Suraj Kala Kuer.

Final disposition (core ruling emphasized): APPEAL ALLOWED. The decision of the learned Subordinate Judge is set aside and the plaintiffs' suit is decreed with costs both in this Court and in the court below.

Immediate consequences for the parties: - The plaintiffs obtain judgment for recovery of possession of the disputed property; the defendant (Bacha Kuer) is not entitled as preferential heir under Act II of 1929 in the present facts. - The court also found the suit was not barred by limitation.

Broader legal implication stated by the court: - The court construed section 1(2) of Act II of 1929 as limiting the Act's altered order of succession to property of males (not to property of females/stridhan). The opinion did not purport to create a novel general rule beyond this statutory interpretation but applied existing Mitakshara principles and authorities to the facts.


Signed: Manohar Lall, J.; Mukharji, J. agreed. Appeal allowed.

    Talukraj Kuer v. Bacha Kuer

    Manohar Lall, J.:— In this appeal by the plaintiffs an interesting question arises for decision, namely whether the rule of the stridhan succession according to the Mitakshara School has been altered by Hindu Law of Inheritance (Amendment) Act (II of 1929) hereinafter to be referred to as the Act.

    This is an appeal by the plaintiffs who are aggrieved by the decision of the first Additional Subordinate Judge of Chapra, dated the 31st January, 1944, by which he has dismissed their suit which was instituted for recovery of possession of the disputed property in these circumstances.

    Gossain Jag Mohan Datt Pandit, the common ancestor of the parties, had two sons, Gossain Gopal Dutt Pandit and Gossain Chatturbhuj Dutt Pandit. Gopal Dutt had four sons, two of these, Radha Kisbun Dutt and Basudeo Dutt, died before the relevant date; the third son, Ramkishun Dutt, died in 1934 leaving to widows—the two plaintiffs in the action. The fourth son, Chandra Shekhar Dutt, is also dead. The plaintiffs' case was that all these four sons and Gopal Dutt died separate from one another.

    Chatturbhuj Dutt was the father of Praduman Dutt Prasad who was married to one Musammat Akho Kuer. He also had a daughter, Babui Bacha Kuer, who is the defendant in the action. After the death of his son Praduman Dutt Prasad, his father Chatturbhuj Dutt executed a will by which he gave twelve annas out of his properties to Musammat Akho Kuer in absolute right and the remaining four annas he gave to his daughter, Bacha Kuer, the defendant, similarly in absolute right. Praduman Dutt and Musammat Akho Kuer had three daughters, Suruj Kala Kuer, Chandra Kala Kuer and Bindhyachal Kuer—the latter two died issueless during the life-time of Musammat Akho Kuer. On the death of Musammat Akho Kuer the twelve annas share in the property of Chatturbhuj Dutt—which is the property in dispute—was inherited by her daughter, Suraj Kala Kuer. Suraj Kala Kuer admittedly died in 1929. The plaintiffs' case was that she died in January, 1929, but the defendant's case was that she died in March, 1929. The learned Subordinate Judge on an examination of the evidence has come to the conclusion that Suraj Kala Kuer died on the 12th of March, 1929, and not on the 2nd of January, 1929, and this conclusion is based upon ample evidence and cannot be seriously challenged in appeal. Accordingly, it must be held that Suraj Kala Kuer died on the 12th of March, 1929. On her death disputes arose as to the succession to the properties which were held by her as the stridhan heir of Musammat Akho Kuer. The plaintiffs' case was that their husband came into possession of the property and “continued in possession till the date of his death in 1934. The defendant's case on the other hand was that she came into possession from the date of the death of Suraj Kala Kuer. The dispute between the husband of the plaintiffs and the defendant began in the land registration department. It is unnecessary to refer to the various stages at which the mutation courts passed different orders. It is enough to state that the matter was ultimately referred to the civil court under section 55 of the Land Registration Act. The plaintiffs instituted the suit giving rise to this appeal on the 11th of August, 1941, basing their cause of action on the date of dispossession of the plaintiffs' husband on the 1st of February, 1933.

    As already stated, the defendant's case was that she was in Dossession from the date of death of Suraj Kala Kuer, that is from 1929. Her further case was that by the provision of Act II of 1929, she being the sister of Praduman Dutt was entitled to succeed to her estate as the Act was in operation at the date of her death.

    The learned Subordinate Judge has come to the conclusion that after the enforcement of Act II of 1929 the plaintiffs can have no title as the defendant is the preferential heir. He has also come to the conclusion that the story of possession put forward by the plaintiffs was false and the suit was barred by limitation. Hence the appeal to this Court.

    It is argued by Mr. B.N Rai on behalf of the appellants that Act II of 1929 has; no application to the succession to stridhan property held by a female and draws attention to the preamble of the Act which says that the Act is passed to alter the order in which certain heirs of a Hindu male dying intestate are entitled to succeed to his estate. On the other hand Mr. Mehdi Imam contends that the provisions of this Act ought to be applied in the present case because on the death of Suraj Kala Kuer then property would devolve on the husband of Musammat Akho Kuer, namely Praduman Dutt Prasad, and, therefore, the property though undoubtedly it was a stridhan property in the hands of Musammat Akho Kuer must henceforward be treated as if it belonged to Praduman Dutt Prasad. He, therefore, suggests that the succession to the property will now be governed by the new Act of 1929.

    In my opinion, the argument of the appellants is sound and must prevail.

    The ambit of the new Act II of 1929 was considered by their Lordships of the Judicial Committee in Musammat Sahodra v. Ram Babu. Sir Madhavan Nair, who delivered the judgment of the Board, pointed out at page 152 that the object of the Act was to alter the order of succession of certain persons mentioned therein; and at page 153. “The heading and preamble of the Act do not accurately summarise its provision, but having regard to the language of section 1(2) of the Act which says that ‘it applies only to persons who, but for the passing of this Act, would have been subject to the law of Mitakshara in respect of the provisions herein enacted ………………………’ it would apply to the persons specified so as to constitute them heirs……………………………” The provisions of section 1(2) of the Act are so clear that it is difficult to appreciate a contrary argument. It states that the Act applies

    “to such persons in respect only of the property of males, not held in coparcenary and not disposed of by will”.

    How can the Act apply to the property of females? The crucial question for decision in each case should be whether the property in question was the property held by a male at the time when succession opened or was it a property held by a female?

    In the present case it is common ground that the property in dispute was the stridhan property of Musammat Akho Kuer, and on her death it was in possession of her daughter as a limited owner. On the death of the daughter the succession to the property opened out in March, 1929, and we have to discover who the stridhan heir of Musammat Akho Kuer is under the general rule prevailing in the Mitakshara School and not under Act II of 1929. It is admitted that the succession to the stridhan property is accurately stated in paragraph 146 of Mulla's Hindu Law, 1940 edition. It is stated therein that the property passes in the following order:—(1) uterine brother; (2) mother; and in default of these it passes to (3) father; (4) father's heirs, that is, his sapindas, samanodakas and bandhus. See also the decision of this Court in Kamla Prasad v. Murli Manohar where it is held that according to Mitakshara the stridhan of a woman (if she was married in the Brahma or the three other approved forms), who dies leaving no daughter, nor daughter's daughter, nor daughter's son, nor son, nor son's son, devolves on her husband and failing trim on his nearest kinsman (sapindas). See also the decision of Dhavle, J. in the case of Nawat Singh v. Shambarat Kuer. With regard to the property inherited by a female from a female, the succession is accurately stated in paragraph 169 of Mulla's Hindu Law, 1940 edition, that is to say a female inheriting property (stridhan) from a female takes only a limited estate in such property and on her death it passes not to her heirs but to the next stridhan heir of the female from whom she inherited it. It follows, therefore, that on the death of Suraj Kala Kuer, the property would pass to the stridhan heir of Musammat Akho Kuer. Bacha Kuer, the defendant, is not the stridhan heir of Musammat Akho Kuer and, therefore, she has no title to this property under the general law. It is also admitted that under the general law, Ramkishun Dutt, the husband of the plaintiffs, had title to the property on the death of Musammat Akho Kuer.

    Mr. Mehdi Imam, however, argues that as the property must be taken to devolve upon the husband of Musammat Akho Kuer on Suraj Kala's death, it must be treated as his property from that date and thereafter by the application, of Act if of 1929 the title vests in the defendant, who is the sister of Musammat Akho Kuer.

    The cases relied on by Mr. Mehdi Imam may now be shortly dealt with.

    Chulhan Barai v. Akhli is a decision of the learned Chief Justice sitting single and it only decides that the question whether certain persons are the heirs under Act II of 1929 where a widow is in possession of her husband's estate as a limited owner, depends upon the date of her death and not on the date of death of the last male holder.

    Pokhan Dusadh v. Mausa. This case also decides that the date of death of the male owner is not material as the question as to who would be entitled to succeed to his estate as a reversioner cannot be determined until the death of the female owner. Mr. Mehdi Imam relies upon the observation at page 222 that by a fiction of law the husband's life is assumed to continue in the existence of his widow, and, therefore, he says that we must here also assume by fiction of law chat Praduman Dutt was alive on the date of the death of Suraj Kala Kuer. I am unable to agree with this contention, because the property was not the property of Praduman Dutt when he died, but it was the property of Musammat Akho Kuer.

    The case of Musammat Charjo v. Dina Nath, decided by Tekchand, J. sitting single supports the contention of Mr. Mehdi Imam. The learned Judge held that the succession to the stridhan property of Musammat Nawahu which devolved upon her death on her husband would be governed by Act II of 1929. In my view, this decision is incorrect. I cannot understand how the succession to the property of a female could be governed by Act II of 1929 which distinctly states that it shall only apply to the succession to the property left by a male. This decision has been expressly dissented from by a Division Bench of the Madras High Court in Manda Mahalakshmamma v. Mautravadi. I respectfully agree with the observation of the learned Chief Justice dealing with Musammat Charjo's case: “Here, as there, it is not a question of deciding who are the heirs of a Hindu male. The question is who are the heirs in respect of properties belonging to a Hindu woman in her own right. In the footnote on page 84, of the tenth edition of Mayne, on Hindu Law it is pointed out that the decision in Mt. Charjo v. Dinanath overlooks the express provisions in sub-section (2) of section 1 of the Act which limits the altered order only to the property of a male. In our judgment the correct view of the law was expressed in the judgment of a Bench of the Nagpur High Court in Shakuntalabai v. Court of Wards.

    Lakshmi Ammal v. Anantharama merely decides that it is the death of the female heir that opens the inheritance to the reversioner, and therefore, where a Hindu male died intestate before the passing of Act II of 1929 leaving a limited 1 female heir, who was alive after the Act came into force, the succession to the deceased male member is governed by the provisions of this Act.

    In my opinion, none of the cases relied upon by Mr. Mehdi Imam supports his contention, and, therefore, I must hold that the title to the properties in dispute was with the husand of the plaintiffs on the date of the death of Suraj Kala Kuer.

    The title to the property being thus found to be with the plaintiffs, the situation is that the plaintiffs and Bacha Kuer were co-sharers, and even if it is assumed that Bacha Kuer was a possession from 1929 onwards, her possession would be the possession of a co-sharer, and no question of limitation would arise. But apart from that the plaintiffs have produced the receipts (exhibit 2 series) which are printed in a tabular form at page 12, Part III of the paper-book. These receipts show that the husband of the plaintiffs, Ramkishun Dutt, was in possession for the years 1336, 1337, 1338, 1339 and 1340. The defendant's receipts on the other hand, which are exhibit B series, are all from the year 1339 onwards. There is only one solitary receipt (exhibit B3) of 1336. But the learned Subordinate Judge himself has disbelieved this receipt. He says in his judgment:

    “It is curious, however, to find that the receipt of special print (exhibit B3) was granted to the tenant Gumashta in 1836 with respect to village Raslpur, Tauzi no. 830. If we examine Exhibit B(3) along with Exhibit 1(4) we cannot but come to the conclusion that Exhibit J?(3) or Exhibit 1(4) is a got up paper.”

    The receipt exhibit B(3) must, therefore, be ruled out of consideration with the result that the defendant as was to be expected took possession after the death of the husband of the plaintiffs. The present suit, however, is filed within twelve years from the date of death of the husband of the plaintiffs. No question of limitation would arise, and the learned Subordinate Judge was wrong in holding that the suit was barred by limitation. He was no doubt influenced in taking this view by the fact that he had held that the title was with the defendant from the date of death of Suraj Kala Kuer.

    For these reasons, the appeal must be allowed, the decision of the learned Subordinate Judge is set aside, and the plaintiffs' suit must be decreed with costs both here and in the court below.

    Mukharji, J.:— I agree.

    K.D
    Appeal allowed.

    Use AI to get other relevant cases.

    Comments

    Talukraj Kuer v. Bacha Kuer
    (Feb 4, 1947)