High CourtsDivision Bench(1877) 07 AHC CK 0005

Dani Kuari vs Phulman Rai

Allahabad High Court · Decided on 12 July 1877 · Citation: (1875) ILR (All) 452

HON’BLE JUDGES
Turner, J · Pearson, J
RESULT
Dismissed

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Judgment

1 paragraphs · 114 words

Turner, J.—(After finding on the evidence that the property was the separate property of the plaintiffs husband to which she succeeded by inheritance).--We must admit the objection taken to the finding on the issue remitted, and it remains for us to determine whether a widow, holding her husband''s share by inheritance, is entitled to pre-emption. In our judgment so long as she enjoys the estate she fully represents the estate and can claim to exercise all rights which would attach to it in the hands of a male owner. The circumstance that the widow lived with the vendors would not deprive her of her right, it being found that the claim is not collusive.