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Report No. 86

7.10. Summary of decisions.-

A good summary of the effect of the various decisions regarding section 4 is contained in a Calcutta ruling as follows1:-

"These decisions lay down that the word 'family' as used in the section ought to be given a liberal and comprehensive meaning and it includes a group of persons related in blood, who live in one house under one head or management; that it is not restricted to a body of persons who can trace their descent from a common ancestor; but it is not necessary for the members to constitute an undivided family that they should constantly reside in the dwelling house, nor is it necessary that they should be joint in mess; that it is sufficient if the members of the family are undivided qua the dwelling house which they own; that it is the ownership of the dwelling house and not its actual occupation which brings the operation of the section into play; and that the object of the section is to prevent a transferee of a member of a family who is an outsider from forcing his way into a dwelling house in which other members of his family have a right to live."

1. Nilkamnl v. Knmakshya Charon, AIR 1928 Cal 539 (541) (M.N. Mukerji, J.).



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