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PETITIONER: GUR NARAIN DAS AND ANOTHER
Vs.
RESPONDENT: GUR TAHAL DAS AND OTHERS
DATE OF JUDGMENT: 16/05/1952
BENCH: FAZAL ALI, SAIYID BENCH: FAZAL ALI, SAIYID BOSE, VIVIAN
CITATION: 1952 AIR 225 1952 SCR 869 CITATOR INFO : R 1965 SC1970 (3)
ACT: Hindu law--Illegitimate son of Sudra--Right to demand partition of separate property of father.
HEADNOTE: Under Hindu law, though an illegitimate son of a Sudra cannot enforce partition during his father’s lifetime, he can enforce partition after his father’s death if the father was separate from his collaterals and has left separate property and legitimate sons.
JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeal No. 104 of 1050. Appeal from a judgment and decree dated the 9th April, 1947, of the High Court of Judicature at Patna (Manohar Lal and Mukherjee JJ.) in First Appeal No. 68 of 1944 arising out of judgment and decree dated the 23rd December, 1943, of the Court of the First Additional Subordinate Judge, Gaya, in Suit No. 4 of 1941. Gurbachan Singh (Manohar Lal Sachdev, with him) for the appellants. S.B. Jathar for the legal representative of respondent No. 4. 870 1952. May 16. The Judgment of the Court was delivered by. FAZAL ALI J.--This appeal arises out of a suit for partition which was dismissed by the trial court but was decreed by the High Court...