GULRAJ SINGH versus MOTA SINGH

GULRAJ SINGH versus MOTA SINGH

The statutory use of 'son or daughter' in section 15(2)(b) of the Punjab Pre-emption Act, 1913, as amended, refers only to legitimate children of the female vendor, not to illegitimate ones. There is no express provision or contextual support in the Act to extend the meaning to illegitimate children.

Parties
Appellant: Gulraj Singh; Respondent: Mota Singh
Jurisdiction
India
Judgment Date
13 March 1964
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave Against Punjab High Court Regular Second Appeal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Pre Emption, Illegitimacy, Statutory Interpretation

Case Brief

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Parties

Gulraj Singh

Appellant

Mota Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave Against Punjab High Court Regular Second Appeal Decision

  1. 1 Whether the words 'son or daughter of such female' in section 15(2)(b) of the Punjab Pre-emption Act, 1913 as amended include illegitimate children of the female vendor

Ratio Decidendi

The statutory use of 'son or daughter' in section 15(2)(b) of the Punjab Pre-emption Act, 1913, as amended, refers only to legitimate children of the female vendor, not to illegitimate ones. There is no express provision or contextual support in the Act to extend the meaning to illegitimate children.

Court Disposition

Appeal dismissed with costs.