HAR NARAINI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this writ petition, the petitioners seek that clause (a) of Section 50 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as the "said Act"), be declared unconstitutional, allegedly being ultravires Articles 14, 15 and 21 of the Constitution of India.

(2.) THE petitioners herein are the widow and daughter of Late Shri Ishwar Singh (died in 1985) s/o Late Shri Mukhtiar Singh (died on 6.6.97). Late Shri Ishwar Singh also had two sons, who are Respondent Nos. 3 and 4.

(3.) THE main grievance of the petitioners is with respect to the line of succession provided in Section 50. Clause (a) thereof requires that whenever a male bhumidhar or asami dies, the interest shall first devolve upon the male lineal descendants in the male line of descent, howsoever low, thus, excluding the female descendants. Given the fact that the chances of there being no male lineal descendants at all are extremely low, the interest in all likelihood will not devolve upon the female descendants in any case. The widow of the deceased (Petitioner No. 1) is mentioned in Clause (h) and the granddaughter (Petitioner No. 2) is ignored completely. It is on the ground of discrimination on the basis of sex, that the petitioners are challenging the said provision.