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2012 Supreme(Del) 2849

A.K.SIKRI, RAJIV SAHAI ENDLAW
Chand Ram – Appellant
Versus
Financial Commissioner – Respondent


Advocates:
Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. P.S. Bindra, Adv.
Through: Mr. Sube Singh, Adv.
Through: Mr. C.B. Verma with Mr. V.K. Sharma, Advs.
Through: Mr. Arun Khosla with Ms. Shreeanka Kakkar, Advs. , LPA No. 333/2005 Shri Bhule
Through: Mr. Bijender Singh, Ms. Sarika Kumari Sharma, Adv.
Through: None.

JUDGMENT :

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




































































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