Privy Council Court May 1947 Judgments

Saran Singh Vs. Dwarka Naih and Others

Court: Privy Council

Reported in: AIR1947PC172

LORD SIMONDS: In this case counsel for the appellant has been constrained to admit that there are concurrent findings of fact which, their Lordships consider, are a fatal obstacle to the success of this appeal. There is also a question of limitation which their Lordships think may be equally fatal. In the circumstances their Lordships will humbly advise His Majesty that the appeal ought to be dismissed. The appellant will pay the costs of the respondents in this appeal. Appeal dismissed....

Suryanarayanamurthi Vs. Suramma and Others

Court: Privy Council

SIR JOHN BEAUMONT: This is an appeal from a judgment and decree of the High Court of Judicature at Madras, dated 26th August 1943, which reversed a judgment and decree of the Court of the Subordinate Judge at Amalapuram, dated 27th September 1940. [2] On 9th March 1938, respondent 5 as plaintiff brought a suit for partition against his father, defendant 1, his mother, defendant 3 who is respondent 1, and his elder brother, the appellant, defendant 2. On 19th February 1940, whilst the suit was pending, the father died, leaving him surviving, his widow, respondent 1, his two sons, the appellant and respondent 5, and four daughters, respondents 2, 3, 4 and 6. The daughters were brought on record as the legal representatives along with the widow of the deceased. [3] Four days before his death, namely, on 15th February 1940, defendant 1 (who will hereinafter be referred to as "the testator") made a will which, if valid, affects the shares in which the interest of the testator in the joint f...

Kashi Nath Vs. Bhagwan Das and Another

Court: Privy Council

LORD SIMONDS: This is an appeal from a judgment of the High Court of Judicature at Allahabad modifying a decree of the Civil Judge of Ghazipur. The question raised in the appeal is as to the validity of a marriage between Bawan Das, an Agarwala by caste, and Lachmi Kuer, a Golwara by caste. At one time an issue was raised as to whether that marriage had been duly solemnized. That is no longer an issue in the case, there being concurrent findings of fact upon that question by the High Court and by the Civil Judge. [2] The parties to the appeal are these. Bawan Das had a first wife, by whom he had no children. He had a second wife, Mt. Bita Kuer, by whom he had one son, Kashi Nath, the appellant on this appeal. He then married his third wife, Lachmi Kuer, by whom he had two sons, Bhagwan Das and Bishwa Nath Prasad, who are the respondents to this appeal. [3] Bawan Das died on 25th August 1923. Some years after his death, the suit in which this appeal is brought was instituted by the pres...