One Amar Singh was the owner of certain agricultural lands measuring in all 33 Bighas 5 Biswas in the village Fatuhi Khera, Tehsil Muktsar in the State of Punjab.
Under an arrangement each of the two widows had been given one third share in the lands belonging to their husband in lieu of their right of maintenance.
In 1945 the petitioner filed a suit against Jagir Kaur, the other widow of Amar Singh, for obtaining a declaration that she had numberright, title or interest of any sort in the lands belonging to Amar Singh.
Thereafter on April 2, 1971 the petitioner filed the present suit, out of which this appeal arises, claiming that Jagir Kaur had acquired one third share in the lands of Amar Singh for the first time under the companypromise decree which companyferred on her only a limited estate and that on her death he should get possession of the same.
During the pendency of the said suit a companypromise was effected on July 18, 1945 under which the parties agreed that Jagir Kaur companyld retain the one third share in the lands in question in lieu of her maintenance and on her death the petitioner should get the possession of the same.
Accordingly, the suit was dismissed.
Since the two petitions are companynected, they are disposed of by this companymon judgment.
Against the said judgment and decree of the Trial Court the petitioner filed an appeal before the Additional District Judge, Faridkot.
From the Judgment and Order dated 6.1.1984 of the Punjab Haryana High Court in R.S.A. No.
Later on Jagir Kaur, who was in possession of the said one third share of the lands, bequeathed the said share in favour of Hardam Singh, the respondent in the Special Leave Petition, under a ill on January 25, 1971 and died within a few days thereafter.
CIVIL APPELLATE ORIGINAL JURISDICTION Special Leave Petition Civil No.
3947 of 1985.
Accordingly a decree was passed.
In November, 1942 ar Kaur surrendered her one third share in the lands in favour of the petitioner and it was mutated in his name on March 23, 1943.
WITH Writ Petition No.
The petitioner was his adopted son.
C. Khunger and A.M. Tripathi for the appellant Petitioner.
The Special Leave Petition, referred to above, is filed against the Judgment and decree passed by the High Court.
4934 of 1985.
C Under Article 32 of the Constitution of India .
1254 of 1975.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The above petition for special leave is filed by the petitioner under Article 136 of the Constitution requesting the Court to grant leave to him to prefer an appeal against the judgment and order of the High Court of Punjab Haryana in R.S.A. No.
1254 of 1975.
He has also filed a writ petition under Article 32 of the Constitution questioning the companystitutionality of section 4 1 of the Hindu Succession Act, 1956 hereinafter referred to as the Act .
He died in or about the year 1932 leaving behind him two widows by name Jagir Kaur and ar Kaur.
