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2018 Supreme(HP) 171

SANJAY KAROL, DHARAM CHAND CHAUDHARY
Roshan Lal (deceased) through his LRs – Appellant
Versus
Pritam Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. Vivek Singh Thakur-II
For the Respondent: Mr. Ajay Sharma and Mr. Kishore Pundir

JUDGMENT :

Sanjay Karol, J.

The difference of opinion between two learned Judges of this Court, sitting singly in separate proceedings, led the matter to be placed before us for answering the following question:

“Whether the provisions of Hindu Succession Act apply to agricultural lands?”

2. In Baldev Parkash & others vs. Dhian Singh & others, Latest HLJ 2008 (HP) 599, the view taken is that the provisions of the Hindu Succession Act, 1956 (hereinafter referred to as the ‘Succession Act’), are not applicable to agricultural land, whereas, vide judgment dated 14th October, 2015, rendered in this very case (RSA No. 258 of 2012), by relying upon the decision of the apex Court in Vaijanath & others vs. Guramma & another, (1999) 1 SCC 292, a contrary view stands taken.

3. The question at best can be answered by examining the Constitutional provisions qua competence of the Central Government to enact the laws, pertaining to “succession” of agricultural land. In fact, legislative competence of the Central Government is the sole question, which arises for consideration in the present appe





























































































































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