FATMA BOO Vs. GHISAN BOO

JUDGEMENT

(1.) THE question in this case is whether the Art. 127 of the Limitation Act can apply to a suit by the daughter of a deceased Mahomedan to recover her share in his property. It was decided under the Act of 1877 by an Appellate Bench of this Court in 1885 Syed Gulam Hussein V/s. Bibi Anvarnisa P.J. (1885) p. 170 that it can so apply, and that decision, so far as we are aware, has been followed in Bombay for the last twenty-three years. It is a decision which, is binding upon us; and we, therefore, hold that the suit falls within Art. 127. Upon this point, therefore, the judgment of the lower appellate Court is confirmed.