JAVER JIJIBHAI Vs. HARIBHAI HANSJI

JUDGEMENT

(1.) THE only point which has been seriously argued in this case is whether the lower Courts have erred in holding that the dispositions in the will amounted to an alienation contravening the provisions of the Bhagdari Act. THE word alienation ordinarily means an act in the law by which property passes from one to another. It can pass from one to another either by transfer intervivos or by testamentary devise, and the words of the Bhagdari Act do not expressly limit alienations to transactions inter vivos, and to so limit them would be to a large extent to defeat what is well known to be the object of the Bhagdari Act. We, therefore, affirm the decree and dismiss the appeal with costs.