Judgement

VENKATARAMIAH, J.:- The short question which arises for consideration in this case is whether under the provisions of the Hindu Succession Act, 1956 (hereinafter referred to as the Act) a step-son of a female dying intestate is entitled to claim a share in her property simultaneously with her son. In other words the question involved is whether the word sons in clause (a) of sub-sec. (1) of S. 15 of the Act includes step-sons also.

2. The facts involved in this Special Leave Petition are thus. One Battan Singh who was also know as Badan Singh had two wives, namely, Mahan Kaur and Khem Kaur. Mahan Kaur died during his life time after giving birth to two sons Lachman Singh petitioner and Gurdas Singh from the loins of Battan Singh. Respondent No. 1 Kirpa Singh is the son of Battan Singh and Khem Kaur. Gurdas Singh died during the lifetime of eattan Singh leaving behind his widow Gurbux Kaur and his son Amarjit Singh. Battan Singh died intestate after the Act came into force. On his death his property devolved on his heirs including his second wife Khem Kaur in accordance with the provisions of the Act. Thereafter Khem Kaur died. On her death dispute arose between her son Ki