TMI Blog1998 (11) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Veerappa. On a partition of the joint family property which was ordered in proceedings arising pursuant to regular Suit No. 88/78 for partition and possession, the Ist respondent as widow of Ramshetti has been given a share in the agricultural lands belonging to the joint family. The appellants contended that under the Hindu Women's Right to Property Act as applied in the erstwhile State of Hyderabad where the lands were situated, the Ist respondent being the widow of deceesed Ramshetti, was not entitled to a share in the joint family agricultural lands. Agricultural lands are excluded from the provisions of the Hindu Women's Right to Property Act, 1937. This contention has been negatived by the High Court. Hence the present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hyderabad. the entire text of the Act remains the same with the modification of sub-section (3) of the said Hindu Women's Right to Property Act, 1937 when a Hindu governed by any school other than Dayabhaga School of Hindu Law or a customary law, dies intestate having at the time of his death an interest in a Hindu Joint Family Property, his widow shall have in the property the same interest as he himself had, subject to sub-section (3). Under sub-section (3) Under sub-section (3) the interest devolving on a Hindu Woman's Estate. There is no definition of property under the Hindu Women's Rights to Property Act, 1937. Therefore, the term property has to be given its ordinary meaning which would include agricultural land also. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it with reference to that kind or property with respect to which it is competent to legislate and to no other. The Federal Court, therefore, restricted the application of the Hindu Women's Rights to Property Act, 1937 by excluding agricultural lands from its purview. The same constraint do not apply to the said Hyderabad Act of 1952 passed by thee legislature of the State of Hyderabad, which has received the assent of the President on 22nd of July, 1953. The relevant Legislative entries under the Constitution of India are somewhat different. Entry 5 in the Concurrent List, being List III in the 7th Schedule of the Constitution, is as follows: Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; jo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The beneficial interpretation in the present context would clearly cover agricultural lands under the word 'property'. This Act also received the assent of the President under Article 254(2) and, therefore, it will prevail. The appellants, however, rely upon a subsequent Act passed by the State of Hyderabad, namely, Hyderabad Hindu Women's Rights to Property (Extension to Agricultural Land) Act, 1954. Section 2 of the said Act provides that term 'property' in the Hindu Women's Rights to Property Act as in force in the State of Hyderabad shall include agricultural land. This Act received the assent of the President on 15th October, 1954 and was published in the State Gazette dated 22nd of October, 1954. It was su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out by the High Court, the Act of 1954 was enacted by way of abundant caution, to make sure that the agricultural lands were not considered as excluded from the scope of the Hindu Women's Right to Property Act as enacted in 1952. The second Act is, therefore, clarificatory. The High Court has dealt at length with various decisions of this Court and other Court on thee question of interpretation of the said statute. Since we are in agreement with the reasoning and conclusion arrived at by the High Court, we are not again examining the cases referred to by the High Court. We, therefore, affirm the reasoning and conclusion arrived at by the High Court and dismiss this appeal. There will, however, be no order as to costs. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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