http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 12
PETITIONER: MUSAMMAT PHOOL KUER
Vs.
RESPONDENT: MUSAMMAT PEM KUER AND ANOTHER.PANDIT MADAN MOHANv.MUSAMMAT P
DATE OF JUDGMENT: 24/04/1952
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND AIYAR, N. CHANDRASEKHARA BOSE, VIVIAN
CITATION: 1952 AIR 207 1952 SCR 793 CITATOR INFO : R 1960 SC1118 (17)
ACT: Hindu law--Widow--Surrender to next reversioner and stranger--Validity--Compromise by widow--When binding on reversioner. (1) (19I8) 27 C.L.J. 532. 794
HEADNOTE: A relinquishment by a Hindu widow of her estate in favour of the next reversioner and a stranger in equal moieties is not a valid surrender under Hindu law. A valid surrender cannot be made in favour of anybody except the next heir of the husband. Mummareddi Nagireddi v. Pitti Durairaja Naidu [1951] (S.C.R. 655) followed. It is competent to a Hindu widow to enter into a compro- mise in the course of the suit bona fide in the interest of the estate and not for her personal advantage and a decree passed on such a compromise will be binding on the rever- sioner. The question whether a compromise is a bona fide settlement of a disputed right between the parties depends on the substance of the transaction and in order that it may bind the estate it should be a prudent and reasonable act. [On the facts their Lordships held, agreeing with the High Court, that, the c...