LexPYARE LAL AND ORS. versus MANI RAM AND ORS.
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A PYARE LAL AND ORS. v. MANI RAM AND ORS. AUGUST 22, 2000 B [A.P. MISRA AND Y.K. SABHARWAL, JJ.] Quanoon Mal Riyasaat Gwalior. Samvat 1983 (Special Legislation)- Section 253(9)-Right of succession lo property-Belween male descendants and sons of daughter of great grandfather-Nearest blood relation-Meaning C of-Held, sister's son is not included in nearest blood relation-Section 2- Hindu Law of Inheritance (Amendment) Act, 1929. Stare Decisis-Applicability of Appellants and respondents both claimed a right of succession to D agricultural lands of H who died in 1948. The succession was governed by the Quanoon Mal Riyasaat Gwalior, Samvat 1983, a special legislation of the then Gwalior State (Special Legislation). The appellants and 'H' are cousins and are descendants of a common great grand father. The re- spondents are sons of H's sister. The respondents, after failing before E F G Revenue Courts in their claim for succession, filed a suit for declaration that they were owners of the land after H's death and also for restoration of possession from the appellants. The suit was decreed and was confirmed by the High Court. The Trial Court and the High Court have held that sister's son fall in the category of 'nearest blood relation' within the meaning of Section 253(9) of the Special Legislation. In this appeal, the appellants contended that deceased's sister or her sons would have no right to claim succession within the meaning of Section 253(9) of the Special Legislation; that the clause only recognises the male descendants who are within three generations from father or grand father or great grand father. The respondents contended that section 253(9) of the Special Legis- lation on its own force covered the deceased's sister or her son, who alone can be said to be 'nearest blood relation' even if the Hindu Law amend- ment of 1929 was not read into the Special Legislation. It was further H contended that applying the concept of stare decisis, a different interpreta- 618 PYARE LAL v. MANI RAM 619 tion would result in unsettling property rights settled long ago. Allowing the appeals, the Court HELD : 1.1. The Hindu Law of Inheritance (Amendment) Act, 1929 which came into force on 21st February, 1929 made a far reaching depar- ture from the ancient rule by Section 2 providing that a son's daughter, daughter's daughter, sister and sister's son shall in the order so specified, be entitled to rank in the order of succession next after father's father and before a father's brother. The amendment that was incorporated in 1943 in Section 253 of the Special Legislation by adding thereto in the order of succession daughter of deceased, may have been inspired by amendment of Hindu Law made in 1929. At the same time, however, no amendment was made incorporating in Section 253 of the Special Legisla- tion, the sister or sister's son of the deceased. The amendment made in Hindu Law cannot be read into Special Legislation. Section 253 of the Special Legislation is a part of Revenue Law of the erstwhile State of Gwalior. It enacts the list of heirs. It applies to every such tenant uniformly without reference to tenants personal law. It would be equally applicable to all irrespective of deceased tenant being a Muslim, Hindu, Christian or any other religion. Under these circumstances, the Hindu Law of Inherit- ance (Amendment) Act, 1929 cannot be read into Section 253 of the Special Legislation. [623-E-H] 1.2. Clause (9) of Section 253 does not only mention 'nearest blood relation' as a last category in the order of succession. The 'nearest blood relation' has been mentioned by way of illustration in the genealogical A B c D E F tree, Appendix-3, as one who is within three generations from father or grand father or great grand father. The 'nearest blood relations' are, therefore, circumscribed by the limitation of three generations from fa- ther's side. In Section 253, only daughter is mentioned in one of the categories in order of succession. The sister or sister's sons are nowhere mentioned. The sister or sister's son do not fall within three gener:ations from father or grand father or great grand father. It is not a case of any G close or nearest blood relations as such falling within the meaning of clause (9). It is only those nearest blood relations who fall in clause (9) who would come in order of succession. It appears that on marriage, sister goes out of t
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