Umabai Widow Of Shankarrav vs Bhavu Padmanji on 12 February, 1877

JUDGMENT

Michael Westropp, C.J.

1. This Court does not agree in the opinion of the District Judge that Hindus, though not born blind, are, if they become incurably blind, thereby rendered incapable of inheritance. See Murariji Gokaldas v. Parvatibai (I.L.R., 1 Bom., 177) and Anunta v. Ramabai (supra, p. 554), in which latter case the incurable diseases, which incapacitate for inheritance, are mentioned. But, inasmuch as he has found as facts, that Padmanji and Bhavu were separate in estate, and that the house in dispute was purchased for Bhavu as his absolute property with funds supplied for the purpose by Kashi, his maternal grand-mother, the Court affirms the District Judge’s decree with costs.