Supreme Court of India · 1961-02-14
C.MOHAMMED YUNUS vs SYED UNISSA AND OTHERS
- Citation / case number
- SC 1957/60074
- Court
- Supreme Court of India
- Petitioner
- C.MOHAMMED YUNUS
- Respondent
- SYED UNISSA AND OTHERS
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that a suit for declaration of rights with consequential relief is maintainable under Article 120 of the Indian Limitation Act, 1908, as it is not merely a suit for declaration simpliciter. The Court ruled that the right to sue accrues only when there is an infringement or a clear threat to infringe that right. Furthermore, the Court clarified that the Muslim Personal Law (Shariat) Application Act, 1937, as amended by the Madras Amendment Act, 1949, applies to matters of inheritance and rights, overriding any contrary customs, thereby affirming the rights of female descendants to manage the properties and partake in the income from the endowment.