Fatma Boo Vs. Ghisan Boo

Fatma Boo vs Ghisan Boo

Type Court Judgment Court Mumbai Decided Jul 26, 1909

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https://sooperkanoon.com/case/335582

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Citation: sooperkanoon.com/335582
Court: Mumbai
Judge: Basil Scott, C.J. and ;Batchelor, J.
Decided On: Jul 26, 1909
Subject: Limitation

Case Summary

AI-generated summary - not the official court judgment text.

Limitation Act (XV of 1877), Schedule II, Article 127 - Applicability of the article to Muhammadans. -

Key legal issue: Limitation

Parties & Advocates

Appellant / Petitioner

Fatma Boo

Respondent

Ghisan Boo

Legal References

Reported In: 4Ind.Cas.242

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.

Full 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.

Same Parties Fatma Boo vs Ghisan Boo Same Subject Limitation Same Judge Basil Scott, C.J. and ;Batchelor, J.

Limitation