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Mt. Saraswati Kuer And Anr. vs Debendra Singh And Anr. on 17 January, 1956

The view of law laid down in AIR 1945 Pat 211 Chandra Choor Deo's case was followed in AIR 1956 Pat 340, Mt. Saraswati Kuer's case. In AIR 1938 Nag 163 Vivian Bose, J., (as he then was), relying upon the case of Balwant Rai, 47 Ind App 213 = (AIR 1921 PC 59), to which reference has already been made, observed that there was great tenacity among the Hindus to hold their ancient usages and follow their ancient traditions and customs that mere length of time in itself made no difference. In that case the question to be decided was as to whether a particular family which originally belonged to Maharashtra having shifted to the Central Provinces would be governed by the Bombay or the Benares interpretation of the Mitakshara when migration was not proved in the sense that the exact origin of the family could not be traced. It was further held that wherever a family was found clinging to its individuality and retained its identity as Maharashtrian, it must be presumed until contrary was shown that it hailed from the race or group of people known as Maharashtrians and carried the law of Maharashtra with them.
Patna High Court Cites 5 - Cited by 5 - Full Document
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