HARIHAR CHANDRA BHANJDEO Vs. KRISHANA KUMARI DEVI

JUDGEMENT

(1.) The applicants herein filed the instant application for review of the judgment and decree dated 4-10-2019 delivered by this Court in FA No.119 of 2017 (Smt. Krishna Kumari Devi & Ors. V Harihar Chandra Bhanjdeo & Ors.).

(2.) The matter is taken up for consideration in the chamber under provisions of sub-rule (2) of Rule 90 under Chapter VI of the High Court of Chhattisgarh Rules, 2007.

(3.) The main ground urged in the review petition is that the judgment in the matter of Miss Talat Fatima Hasan v His Highness Nawab Syed Murtaza Ali Khan Sahib Bahadur and Others (AIR 1997 All 122), has been set aside by the Supreme Court in the matter of Talat Fatima Hasan through Her Constituted Attorney SH. Syed Mehdi Husain v Nawab Syed Murtaza Ali Khan (D) By Lrs. & Others {(2019) 10 SCALE 212 : AIR 2019 SC 5399 : AIR Online 2019 SC 731}, vide judgment dated 31-7-2019, holding that succession to the private properties of the erstwhile Ruler would be governed by Personal Laws. In the said matter, the parties were Muslims whereas in the present case the parties are Hindus and their Personal Law in respect of succession would be the Hindu Succession Act , 1956 (for brevity 'the Act, 1956'), however, under Section 5 (ii) of the Act, 1956 it is provided that this Act shall not apply to any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed before the commencement of this Act.