Bombay High Court
Tripurari Pal vs Jagat Tarini Dasi on 31 October, 1912
Equivalent citations: (1913)15BOMLR72
JUDGMENT Macnaghten, J.
1. Their Lordships are of opinion that in this case the decision of the High Court cannot be supported. There is, in their Lordships' view, an absolute gift of the shepbait ship to the son Mukunda Murari on his attaining majority and it is not cut down, as far as they can see, by anything that follows. There are provisions in the case of his death as a minor, but no provision cutting down the absolute gift to him. The Words are : " My present begotten son Mukunda Murari : Will be skebait for the performance of those ceremonies."
2. Their Lordships will, therefore, humbly advise His Majesty . that the appeal ought to be allowed, and the judgment of the Subordinate Judge restored.
3. There will be no order as to the costs incurred in the High Court, except that any costs paid under the order appealed from must be returned, and there will be no costs Of this appeal.