ISAP AHMAD MOGRARIA Vs. ABHRAMJI AHMADJI MOGRARIA

JUDGEMENT

(1.) The following question has been referred to a Full Bench:- Whether Article 127 of the Second Schedule of Act XV of 1877 can apply to the property of a Mahommedan (or any other person not being a Hindu,) and not having been proved to have adopted as a custom the Hindu Law of the Joint family ?

(2.) The question referred is expressed to relate to the application of Article 127 of the Second Schedule of Act XV of 1877: the reference is however made in a suit brought when the Limitation Act of 1908 had come into operation. Therefore we take the question as relating to Article 127 of the later Act.

(3.) The exact point for determination is whether the three words "joint family property as occurring in Article 127 of the Act of 1908 mean anything but property of a joint family in the sense in which the expression joint family is understood amongst Hindus.