Supreme Court of India · 1958-05-23
MAKTUL vs Mst. MANBHARI & OTHERS
- Citation / case number
- SC 1958/134
- Court
- Supreme Court of India
- Petitioner
- MAKTUL
- Respondent
- Mst. MANBHARI & OTHERS
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court held that under the customary law of Punjab, property inherited by a Hindu male from his maternal grandfather is not considered ancestral property for his sons. The Court approved the ruling in Narotam Chand v. Mst. Durga Devi, I. L. R. (1950) Punj. 1, while not approving the decisions in Lehna v. Musammat Thakyi and Musammat Attar Kaur v. Nikkoo. The Court emphasized that the rule of stare decisis is not absolute and can be disregarded if the prior decision is erroneous and does not affect existing titles or contracts.