FIRDOSH FATIMA SINCE DEAD Vs. FIRDOSH BEGUM DEAD

JUDGEMENT

(1.) - These two appeals arise from a Full Bench judgment of the High Court of Allahabad in Hakim Sigh v. Shiv Sagar, AIR 1973 All 596. The U.P. State Legislature enacted U.p. Amendment Act 33 of 1972 amending U.P. High Court ( Abolition of Letters Patent Appeals ) Act, 1962 and enacted Section 4 thereof which reads as under:-

(2.) By operation of this enactment, the power to entertain Letters Patent Appeal under Clause (10) of the Letter Patent dated March 17, 1866 read with Clause (17) of U.P.High Court's (Amalgamation) Order, 1948, in respect of the enumerated subjects mentioned therein stands taken away. The controversy is no longer res integra. This Court in Hasinuddin Khan v.Dy.Director of Consolidation, (1980) 3 SCC 285 by a Constitution Bench has already upheld the validity of the Act, following the ratio of this Court in State of Bombay v. Narottamdas Jethabhai, 1951 SCR 51 : (AIR 1951 SC 69), Ram Adher Sigh v. Ramroop Sigh, (1968) 2 SCR 95: (AIR 1968 SC 714 ) and Union of India v., Mohindra Supply Co. (1962) 3 SCR497: (AIR 1962 SC 256). As a fact, this court has upheld the validity of Section 3 of 1962 Act in Mohindra Supply Co's case. It was held thus:

(3.) In view of the decision of the Constitution Bench, the controversy no longer survives. the legislative competence in abolishing Letters Patent Appeals in respect of revenue and tenancy matters is covered under Section 4 of the said Act. They are under respective legative entries in State List II in VIIth Schedule to the Constitution relating to jurisdiction and powers of all Courts of administration of justice in the State of Uttar Pradesh with respect to the matters in List II. Therefore, the Act stands upheld.