[1] The finding is that the widow has alienated the whole estate and that the next reversioner has consented to the alienation. The rule that the widow may alienate the whole estate with the consent of the next reversioner is not affected by the recent decision of the Calcutta Full Bench Debi Prosad Chowdhry v. Golap Bhagat (1918) I.L.R. 40 C. 721 or by the recent decision of the Privy Council Bijoy Gopal Mukerji v. Grindra Nath Mukerji (1914) 18 C.W.N.673 P.C. which only deals with partial alienations. The decrees were right and the second appeals are dismissed with costs.
Adaikka Maistry v. Muthusami Ambalagaran
Adaikka Maistry v. Muthusami Ambalagaran
(High Court Of Judicature At Madras)
No | 13-04-1914
Advocate List
Bench
- JUSTICE
Eq Citations
- (1914) 27 MLJ 24
- 25 IND. CAS. 144
- AIR 1915 MAD 426 1
- LQ/MadHC/1914/175
Head Note
Transfer of Property Act, 1882 — Ss. 123, 124, 125 and 126 — Widow's right to alienate — Calcutta Full Bench decision, Debi Prosad Chowdhry v Golap Bhagat, AIR 1918 Cal 721, and Privy Council decision, Bijoy Gopal Mukerji v Grindra Nath Mukerji, 18 CWN 673, distinguished — Widow may alienate whole estate with consent of next reversioner
