No Acts & Articles mentioned in this case
S.C.R. SUPREME COURT REPORTS 671
alienation made by the father within the period laid
down in Article
125 of the Indian Limitation Act and
it
is only on the alienation being set aside that he is
entitled to recover possession of the property. The
High Court, in our opinion,
was perfectly right in
holding that the decision in Banwarilal v.
Mahesh(1)
which related to a suit instituted by a son against an
:alienee of the father under the Mitakshara law does
not apply to the facts of the present case. It is true
that
as regards defendants 2 and 3 the decree is a
conditional
decree and the plaintiff cannot recover
possession unless he pays a certain amount of money to
the
extent of which the widow's estate has been held
to
be benefitted, but the High Court has very properly
allowed interest upon this amount to the alienee while
making the latter
liable for the mesne profits.
The result
is that, in our opinion, the decision of the
High Court cannot
be assailed on either of these two
points and the appeal therefore
fails and is dismissed
with
cost5.
Appeal dismissed.
Agent for the appellants : M. S. K. Aiyangar.
Agent for the respondents : M. S. K. Sastri.
MANOHARLAL~THESTATE
{SHJU HARJLAL KANIA C. J., SAIYm FAZAL Au,
MEHR CHAND MAHAJAN, CHANDRASEKHARA AIYAR
and VIVIAN BosE JJ.]
Puniab Trade Employees Act, 1940, ss. 2-A (i) and (i), 7 (1), 16,
-fh?fkuper without employees -Sale by son on close day
L1abil1ty of shop'fr..eeper-'-Scope of s. 2-A (i) and (i).
Section 7 sub-s. (1) of the Punjab Trade Employees Act, 1940.
as a~ended in 1943, provided that "save as otherwise . provided
by this Act, every shop shall . remain closed on a dose day." Sub
scctiort (2) (i) stated that "The choice of a close day. shall rest
with the owner or octupier of a shop ...... and shall be intimated
1951
Mummartddi
Nagi Rtddi
and Others
v.
Pitti
Durairaja Naidu
and Others.
Mukherjea J.
1951
May 23.
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