E.S.VENKATARAMIAH, R.B.MISRA
Partap Singh – Appellant
Versus
Union Of India – Respondent
Judgment
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 constitutionality of Section 14(1) of the Hindu Succession Act. 1956 (hereinafter referred to as the Act). Since the two petitions are connected. they are disposed of by this common Judgment.
2. 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. He died in or about the year 1932 leaving behind him two widows by name Jagir Kaur and Har Kaur. The petitioner was his adopted son. 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 November, 1942 Har 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. In 1945 the petitioner filed
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