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PETITIONER: NATVARLAL PUNJABHAI AND ANOTHER
Vs.
RESPONDENT: DADUBHAI MANUBHAI AND OTHERS.
DATE OF JUDGMENT: 18/11/1953
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H.
CITATION: 1954 AIR 61 1954 SCR 339 CITATOR INFO : RF 1981 SC1829 (66,95) RF 1991 SC1581 (12)
ACT: Hindu law-Widow-Surrender of estate after third persons have acquired title by adverse possession against widow-Validity- Right of reversioner to recover possession before death of widow-Legal nature of surrender Power of court to impose conditions on grounds of equity.
HEADNOTE: Where a Hindu widow surrenders her widow’s estate to the reversioners, after a third person has acquired title to the properties by adverse possession against her, the reversioners are entitled to recover possession of the properties from that person immediately as heir’s of the last male holder. The person in adverse possession is not entitled to remain in possession till the death of the widow. So far as the legal consequences are concerned there is no material difference in this respect between an adoption and an act of surrender by the widow. As a surrender by a Hindu widow does not convey any title to the reversioners, but is only a voluntary act of self- effacement by the widow, she can make a valid surrender under Hindu law e...