A.K.SIKRI, RAJIV SAHAI ENDLAW
Chand Ram – Appellant
Versus
Financial Commissioner – Respondent
Rajiv Sahai Endlaw, J.
1. These three Intra-Court appeals arise out of the common judgment dated 9th December, 2004 of the learned Single Judge in W.P.(C) No.1170/2001, W.P.(C) No. 293/1988 & W.P.(C) No. 1721/1980 respectively. Notices of these appeals were issued and operation of the judgment of the learned Single Judge stayed.
2. The learned Single Judge has noticed that the matters, though in diversity of facts, entail common question of law relating to interpretation of Sections 48, 51 & 53 of the Delhi Land Reforms Act, 1954 (DLR Act) i.e. who is to succeed to/inherit the agricultural holding to which a female, whether as a mother or a widow, had acquired interest prior to coming into force on 20th July, 1954 of the DLR Act.
3. Section 51(2) of the DLR Act deals with such situation. It provides that where such female, in accordance with the personal law applicable to her,
(i). was entitled to a life estate only in the holding, such holding shall devolve on the nearest surviving heir of the last male proprietor; and
(ii). was entitled to the holding absolutely, such holding shall devolve in accordance with Section 53 i.e. on the heirs/successors of such female, as mentione
Bajaya Vs. Gopikabai (1978) 2 SCC 542 [Para 26]
Bhagat Ram Vs. Teja Singh AIR 2002 SC 1 [Para 14]
Dimple Singla Vs. Union of India 94 (2001) DLT 917 [Para 29]
Fateh Singh Vs. Sewa Ram AIR 1983 SC 1093 [Para 18]
G. Sekar Vs. Geetha AIR 2009 SC 2649 [Para 15]
Harnarayani Devi Vs. Union of India 162 (2009) DLT 663 [Para 8]
Haryana State Coop. Land Development Vs. Neelam (2005) 5 SCC 91 [Para 18]
Mahindra & Mahindra Ltd. Vs. Union of India (1979) 2 SCC 529 [Para 29]
Neeraj Munjal Vs. Atul Grover (2005) 5 SCC 404 [Para 18]
Rakesh Vij Vs. Raminder Pal Singh Sethi AIR 2005 SC 3593 [Para 29]
Ram Jivan Vs. Smt. Phoola AIR 1976 SC 844 [Para 5]
Ram Mehar v. Dakhan 9 (1973) DLT 44 [Para 5]
Ramji Dixit Vs. Bhirgunath AIR 1968 SC 1058 [Para 17]
U.N. Bhardwaj Vs. Shri Y.N. Bhardwaj 173 (2010) DLT 483 [Para 29]
Vidya Devi @ Vidya Vati Vs. Prem Prakash AIR 1995 SC 1789 [Para 16]
Vijay Pal Singh Vs. Dy. Director of Consolidation (1995) 5 SCC 212 [Para 13]
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