SUNDER Vs. SUNDRI

JUDGEMENT

(1.) This Letters Patent Appeal is concerned with the single Bench judgment made by Hon' ble Mr. Justice S. N. Shankar on the 27th September, 1967. Before the Letters Patent Appeal could be disposed of a Full Bench of this Court had to deal with a poser arising in terms of the legal proposition canvassed in terms of Section 63 (1) (e) of the Indian Succession Act, 1925.

(2.) The Full Bench was concerned with the following reference.-

(3.) The reference became necessary of the conflict of authority presented by the decisions of some of the High Courts. The Full Bench reporduced in its judgment section 63 of the Indian Succession Act in its entirety and then converged its attention on the interpretation of clause (e) thereof. The various cases cited at the Bar were discussed in detail and then on sound reasoning the question was answered as under :-