High CourtsDivision Bench(1915) 09 BOM CK 0002

Javer Jijibhai vs Haribhai Hansji

Bombay High Court · Decided on 16 September 1915 · Citation: AIR 1915 Bom 264 : (1915) 17 BOMLR 1131 : 33 Ind. Cas. 426

HON’BLE JUDGES
Shah, J · Basil Scott, J
RESULT
Dismissed
CASE NUMBER
Second Appeal No. 443 of 1914

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

1 paragraphs · 124 words

Basil Scott, C.J.—The only point which has been seriously argued in this case is whether the lower Courts have erred in holding that the dispositions in the will amounted to an alienation contravening the provisions of the Bhagdari Act. The word ''alienation'' ordinarily means an act in the law by which property passes from one to another. It can pass from one to another either by transfer intervivos or by testamentary devise, and the words of the Bhagdari Act do not expressly limit alienations to transactions inter vivos, and to so limit them would be to a large extent to defeat what is well known to be the object of the Bhagdari Act. We, therefore, affirm the decree and dismiss the appeal with costs.