LALA DUNI CHAND Vs. MUSAMMAT ANAR KALI

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Allahabad, dated August 29, 1941, which affirmed tht judgment and decree of the Court of the First Civil Judge of Saharanpur, District Saharanpur, dated January 10, 1938.

(2.) THE parties are Hindus subject to the Mitakshara law of the Benares school, and this appeal involves the construction of the Hindu Law of Inheritance (Amendment) Act, 1929 (II of 1929), which is hereinafter referred to as "the Act". THE Act is not expressed to come into operation on a particular day. It received the assent of the Governor General on February 21, 1929, and under the provisions of Section 5 of the General Clauses Act, 1897 (X of 1897), it came into operation immediately on the expiration of February 20, 1929.

(3.) THE question for determination in this appeal is whether, on a true construction of the Act, it applies only to the case of a Hindu male dying intestate on or after February 21, 1929 (the date of its operation), or whether it also applies to the case of such a male dying intestate before that date, if he was succeeded by a female heir who died after that date. THE genealogical table relating to the parties in the case is on p.3.