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PETITIONER: KALIPADA CHAKRABORTI AND ANOTHER
Vs.
RESPONDENT: PALANI BALA DEVI AND OTHERS.
DATE OF JUDGMENT: 16/01/1953
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. AIYAR, N. CHANDRASEKHARA HASAN, GHULAM
CITATION: 1953 AIR 125 1953 SCR 503 CITATOR INFO : RF 1961 SC 564 (12) E 1969 SC 204 (11) R 1972 SC2069 (32) R 1988 SC1511 (12)
ACT: Hindu law-Religious endowments-Shebaiti right-Succession by widow-Nature and extent of widow’s rights-Alienation by widow-Suit by reversioner against alienee-Limitation-Article applicable-Starting point-Adverse possession against widow, whether adverse to reversioner-Limitation Act (IX of 1908), Arts. 124, 141.
HEADNOTE: Though there is an element in Bhebaiti right which has the legal characteristics of property, shebaitship is property of a peculiar and anomalous character and it cannot come under the category of immoveable property as it is known in law. On the other hand it is clear that a shebaiti right is a hereditary office and as 504 such comes within the express language of Art. 124 of the Limitation Act. A suit by a reversioner for recovery of a shebaiti right from persons to whom a Hindu widow, who had succeeded to the right on the death of her husband, had alienated it, is governed by Art. 124 of the Limitation Act and not by Art-. 141, and the possession of the alien...