Privy Council

Mt. Hiran Bibi and others vs Mt. Sohan Bibi

Privy Council · Decided on 24 April 1914 · Citation: (1914) AIR(PC) 44

HON’BLE JUDGES
Ameer Ali, John Edge, Parker of Waddington, Lords Moulton, JJ.
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Judgment

3 paragraphs · 158 words

Lord Moulton

In this case their Lordships are of opinion that the facts bring it within the decision of Lala Kunni Lal v. Kunwar Gobind Krishna Narain. 1911 33 All. 356 = 10 I.C. 477 = 38 I. A. 87 (P. C.). In other words, that the compromise in question is in no sense of the word an alienation by a limited owner of the family property, but a family settlement in which each party takes a share of the family property by virtue of the independent title which is, to that extent, and by way of compromise, admitted by the other parties.

Their Lordships will accordingly humbly advise His Majesty that this appeal should be allowed, that the decree of the High Court should be set aside, that the decree of the District Judge should be restored, and that the appellants should have their costs of this appeal and the costs of the suit in both Courts.