BIRBHAN Vs. HARMUKH RAI

JUDGEMENT

(1.) A question of law arises in this case which it seems necessary to refer to a Full Bench. A similar question arose in the case of Mariam v. Amna, 1936 ALL. L. J 1333 and the matter was referred to a Full Bench and the Full Bench gave an answer. Subsequently, a similar point of law arose in the Privy Council case of Ghhabba Lal v. Kallu Lal. 1946 ALL. L J 254 and certain observations contained in the judgment of their Lordships of the Judicial Committee seem to throw doubt as to the correctness of the answer given by the Full Bench in Mariam's case.

(2.) We, therefore, direct that this case be laid before the Hon'ble the Chief Justice for the constitution of a Full Bench for the decision of the following questions :

(3.) Two questions have been referred to this Full Bench by a Bench of this Court. They are as follows :