HANUMAN SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) THIS appeal under sec. 39 of the Rajasthan Land Reforms and Resumption of jagirs Act, 1952 (hereinafter referred to as the Act) has been filed against an order of the Jagir Commissioner, Rajasthan, dated 30. 12. 1957 whereby the appellants' claim for grant of maintenance allowance from the compensation payable to the respondent was rejected.

(2.) WE have heard the learned counsel for the parties and have examined the record as well. Before examining the merits of the case we may dispose dispose of a legal objection raised by the respondent's counsel as regards validity of sec. 27 read with sec. 32 of the Act. The contention is that as the Parliament enacted the Hindu Adoption and Maintenance Act, 1956 (Act 78 of 1956) and as the same received the assent of the President the provisions regarding maintenance in the Act should be deemed to be inoperative by virtue of the provisions in Art. 254 of the Constitution. This Article runs thus: - 254. (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law nude by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament whether passed before or after the law made by the Legislature of such State, or as the case may be, the existing Law, shall prevail and the law made by the legislature of the State shall, to the extent of the repugnancy, be void. (2) Where a law made by the Legislature of a State specified in Part A or Part B of the First Schedule with respect to one of the matters enumerated in the concurrent list contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to the matter, then, the law so made by the Legislature of such State, shall if it has been reserved for the consideration of the President and has received his assent, prevail in that State: - Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State. " A reference has also been made in this connection to item No. 5 of the List III of the Concurrent list of the 7th Schedule of the Constitution, which runs thus: - 5. Marriage and divorce; infants and minors, adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law. "