Mumbai Court April 1938 Judgments

Partap Singh Vs. Sant Kaur

Court: Mumbai

Reported in: (1938)40BOMLR1065

Shadi Lal, J.1. On August 17, 1920, Mussammat Jiwani, the widow of one Sham Singh died, leaving her surviving two illegitimate daughters, Sant Kaur and Basant Kaur. Mussammat Jiwani was the proprietor of four squares of land in the district of Lyallpur in the province of the Punjab. This land was originally in the occupation of her husband as a tenant of Government, but he died in October, 1901, without acquiring the proprietary rights by paying the price thereof in compliance with the rales applicable to the acquisition of ownership by a tenant of Government. It was only after his death that Mussammat Jiwani paid the price and became the owner of the land in August, 1910.2. The question of succession to the land arose shortly after her death. In the course of the proceedings taken by the Revenue Officer for the mutation of names in respect of the estate, the right of the daughters to inherit it on the death of their mother was denied by Sham Singh's collaterals, who laid claim to the ...