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1979 Supreme(SC) 240

V.D.TULZAPURKAR, V.R.KRISHNA IYER
Shakuntala Sawhney – Appellant
Versus
Kaushalya Sawhney – Respondent


Advocates:
M.L.Verma, W.C.CHOPRA

V.R. KRISHNA IYER, J.

(1) A judgment often possesses a sublime essence and a humdrum component. The appeal before us, in its happy conclusion, holds out the higher lesson that hate and fight are dissolved by basic human fellow- ship, even after bitter litigative struggle, if the bench and the Bar pursue consensual justice, and bring into play conciliatory processes, and successfully persuade the parties to see reason and right beyond bare law. If the efforts succeed, as it has in this case, court and counsel derive spiritual fulfilment and get satisfaction.

(2) TWO sisters, apparently of the affluent bracket, with a common father but different mothers, became estranged when one (the appellant) claimed a half share in the estate of the father, on whose death before 1956, the res pondents mother inherited her husbands estate but died after 1956, possessed of her husbands assets and her own. When intestate succession to her opened the plaintiff-appellant claimed a half share therein, founded on S. 15(l)(a) of the Hindu Succession Act (the Act, for short). The High court negatived the right to a share as an heir, and, in doing so, preferred the interpretation of the provi









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