Supreme Court of India · 1953-01-16
KALIPADA CHAKRABORTI AND ANOTHER vs PALANI BALA DEVI AND OTHERS.
- Citation / case number
- SC 1952/87
- Court
- Supreme Court of India
- Petitioner
- KALIPADA CHAKRABORTI AND ANOTHER
- Respondent
- PALANI BALA DEVI AND OTHERS.
- Bench
- MUKHERJEA, B.K.
Judgment text excerpt
The Supreme Court held that a shebaiti right, while possessing elements of property, is not classified as immovable property under law. It ruled that a suit by a reversioner to recover a shebaiti right alienated by a widow is governed by Article 124 of the Limitation Act, 1908, and not Article 141. The Court clarified that the period of limitation begins only when succession opens to the reversioner, as they do not claim through the widow but from the last male holder, thereby establishing the nature of widow's rights and limitations on alienation.