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TMI Blog1979 (4) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... play conciliatory processes, and successfully persuade the parties to see reason and right beyond bare law. If the effort succeeds, as it has in this case, court and counsel derive spiritual fulfilment and get satisfaction. 2. Two sisters, apparently of the affluent bracket, with a common father but different mothers, became estranged when one (the appellant) claimed a half share in the estate of the father, on whose death before 1956, the respondent's mother inherited her husband's estate but died after 1956, possessed of her husband's assets and her own. When intestate succession to her opened the plaintiff-appellant claimed a half share therein, founded on Section 15(1)(a) of the Hindu Succession Act (the Act, for short). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee, resolve the logomachic conflict by exercising its preference guided by the language and the milieu and following the customary canons of statutory interpretation. While its decision will be binding on account of Article 141 of the Constitution, it may still be fallible because the intendment of Parliament is best brought out by legislative clarification. In the present instance, we have a hunch that the specific point of claim by stepsons and step-daughters to inherit to the estate of a deceased female has escaped Parliament's attention while fashioning the legislation. This is not surprising when we appreciate the push and pressure, hurry and worry of law-making modalities. In such a situation, when a sharp conflict has shown up in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his end will not affect its unbiased adjudicatory duty in case it became necessary, we ventured tentative solutions. Counsel took up the suggestion in the proper spirit and we must record our admiration for the strenuous effort made by the young lawyer Shri M.L. Varma who did his best and successfully persuaded his client who had won in the High Court to come down to a compromise. We need hardly say that such a seasoned and senior counsel like Shri Lal Narain Sinha could be counted upon to aid in the process, and he did. The finest hour of justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship or reunion. In the present case, counsel today put in a joint statement On 2.4.79 an inch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in court, they will be withdrawn by the appellant. The actual allocation of the lands under the joint statement will be made by Mr. Prem Nath Handa within two months from today. Both sides agree on Shri Handa being impartial and competent to make the said allotment. His allotment once made will not be challengeable. Shri Handa pursuant to this direction will make the allocation and put in a statement to that effect in the trial court and that statement will be deemed to be part of this decree. 6. We need hardly mention-it is so obvious-that the land that remains will belong entirely to the respondent and there will be no more claims from the appellant on the respondent in regard to the estate of her step-mother, or in respect of its inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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