Privy Council(1912) 10 PRI CK 0003

Tripurari Pal vs Jagat Tarini Dasi

Privy Council · Decided on 31 October 1912 · Citation: (1913) 40 ILRPC 274 : (1912) 40 IndApp 37 : 17 IndCas 696

HON’BLE JUDGES
Macnaghten, Moulton, Johan Edge, Ameer Ali, JJ.

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Judgment

1 paragraphs · 159 words

Macnaghten, J. 1. Their Lordships are of opinion that in this case the decision of the High Court cannot be supported. There is, in their Lordships'' view, an absolute gift of the shebaitship to the son Mukunda Murari on his attaining majority, and it is not cut down, as far as they can see, by anything that follows. There are provisions in the case of his death as a minor, but no provision cutting down the absolute gift to him. The words are: "My present begotten son Mukunda Murari will be shebait for the performance of those ceremonies." 2. Their Lordships will therefore humbly advise. His Majesty that the appeal ought to be allowed, and the judgment of the Subordinate Judge restored. 3. There will be no order as to the costs incurred in the High Court, except that any costs paid under the order appealed from must be returned, and there will be no costs of this appeal.