http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 8
PETITIONER: MAKTUL
Vs.
RESPONDENT: Mst. MANBHARI & OTHERS
DATE OF JUDGMENT: 23/05/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. SARKAR, A.K. SUBBARAO, K.
CITATION: 1958 AIR 918 1959 SCR 1099
ACT: Customary Law-Inheritence-Hindu in Punjab succeeding to maternal grandfather’s estate-Such property, if ancestral qua his sons-Stare decisis-Rule, when inapplicable.
HEADNOTE: Under the customary law of the Punjab property inherited by a Hindu male from his maternal grandfather is not ancestral property qua his sons. Narotam Chand v. Mst. Durga Devi, I. L. R. (1950) Punj. 1, approved. Lehna v. Musammat Thakyi, (1895) 30 P. R. I24 and Musammat Attar Kaur v. Nikkoo, (1924) I. L. R. 5 Lah. 356, not approved. The rule of stare decisis is not an inflexible rule and is inapplicable where the decision is clearly erroneous and when its reversal does not shake any titles or contracts or alter the general course of dealing.
JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeal No. 150 of 1955. Appeal from the judgment and decree dated August 20, 1952, of the Punjab High Court in Regular First Appeal No. 107 of 1949 arising out of the judgment 140 1100 and decree dated March 22, 1948, of the Court of the sub- Judge 1st Class, Panipat, in Suit No. 361 of 1947. Dr. J. N. Banerjee and K. L. Mehta, for the appellant. Gopal Singh, for responde...