Supreme Court of India · 1964-03-13
GULRAJ SINGH vs MOTA SINGH
- Citation / case number
- SC 1963/74
- Court
- Supreme Court of India
- Petitioner
- GULRAJ SINGH
- Respondent
- MOTA SINGH
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the term 'son or daughter' in Section 15(2)(b) of the Punjab Pre-emption Act, 1913, as amended by Act X of 1960, refers exclusively to legitimate children. The Court reasoned that the normal construction of these terms does not include illegitimate children unless explicitly stated in the statute, which Section 15 lacks. Consequently, the High Court's dismissal of the appellants' pre-emption suit was upheld, affirming that illegitimate children do not have the right to pre-empt under the Act.