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january 1953

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.

KALIPADA CHAKRABORTI AND ANOTHER vs PALANI BALA DEVI AND OTHERS. · Niyam