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M.N. Clubwala v. Fida Hussain Saheb, 1964

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M.N. Clubwala v. Fida Hussain Saheb, (1964) 6 SCR 642, 651 This case interpretation/case summary is written by Ms. Swati Sharma a student at the Faculty of Law (Delhi University). If you also want to publish your articles or case interpretations/summaries, send your work to  niyamskanoon09@gmail.com . Case Details PETITIONER:  MRS. M. N. CLUBWALA AND ANR. Vs. RESPONDENT: FIDA HUSSAIN SAHEB AND ORS. DATE OF JUDGMENT: 03/02/1964 BENCH: MUDHOLKAR, J.R. SUBBARAO, K. CITATION: 1965 AIR 610 1964 SCR (6) 642 Introduction   The case of M.N. Clubwala v. Fida Hussain Saheb (1964) under the Delhi Rent Control Act is a landmark judgment that clarifies the distinction between a lease and a license and the jurisdiction of the Rent Controller. The primary issue in this case was whether the agreements between the landlord (M.N. Clubwala) and the shopkeepers (Fida Hussain Saheb) created a lease or a license.  Facts of the Case M.N. Clubwala (Landlord) used his building as market by
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Smt. Dipo v. Wassan Singh, 1983

 Smt. Dipo v. Wassan Singh 1983

Introduction

The present appeal by Special Leave Petition before Supreme Court was raised by the plaintiff over an Order of the Punjab & Haryana HC. The Court in this case (Smt. Dipo v. Wassan Singh) had elaborately discussed the position of an ancestral property after partition.

Facts

In this case the appellant, Smt. Dipo (plaintiff) filed a suit to recover possession of the properties which belonged to her brother, Bua Singh, who died in 1952. She claimed to be her nearest heir of Bua Singh. The suit was contested by the defendants who were the sons of Ganda Singh, paternal uncle of Bua Singh on the ground that Smt. Dipo was not the sister of Bua Singh and even if she was the sister, the defendants were preferential heirs according to custom, as the whole of the land was ancestral in the hands of Bua Singh.

Case History

  1.  Subordinate Judge – Most of the suit properties were ancestral in hands of Bua Singh while a few were not ancestral. According to custom, the sister was excluded by collaterals in ancestral property while she was entitled to succeed to non-ancestral property. A decree was granted in favor of the plaintiff (Smt. Dipo) for a certain share in non ancestral properties.
  2. District Court- The plaintiff appeal was dismissed on the ground that plaintiff did not present.
  3. Punjab & Haryana High Court- The defendants also preferred an appeal ,but that was also dismissed. A second appeal by the plaintiff was dismissed as barred by limitation.

Supreme Court

Issue

1. Whether the plaintiff is entitled to possession of brother’s property by survivorship because there was no surviving member of Joint Family or male issue?

2. How will the property of sole surviving member will devolve after his death?

Ratio Decidendi

1. Ancestral Property in Mulla’s “Principles of Hindu Law” - A person inheriting property from his three immediate paternal ancestors.

2. The share obtained by a coparcener from an ancestral property through partition becomes a separate property.

3. Rule of survivorship applies on the death of the Coparcener, it passes to his nearest heir.

Decision

1. If the Coparcener dies without having a male issue, the property owned by him after partitioning the ancestral property becomes his separate property and passes to his heirs by succession.

2. The defendants were collaterals of Bua Singh and as regard them the property was not ‘ancestral property’ therefore the plaintiff (Smt. Dipo) will be the preferential heirs.

3. After the death of Bua Singh, the property will be devolved by rule of survivorship to his nearest heir (his sister- Smt. Dipo).

Case Summary

In this case the court had discussed about the application of the rule of survivorship on ancestral property having no male issue. The criteria is that the share which a Coparcener obtains on partition of ancestral property is ancestral property as regards his male issue and if such Coparcener dies without leaving his male issue, it becomes a separate property and will be passes to his heirs by succession. Here Bua Singh the last holder of the joint family property had ancestral property. He died without leaving male issue, therefore, it is a separate property and will be passes to his heirs by succession or rule of survivorship. Accordingly Smt. Dipo was entitled as his nearest heir.


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