Ram Charan & Ors. vs Sukhram & Ors.

Held: Keeping with the principles of justice, equity and good conscience, read along with the overarching effect of Art.14, the legal heirs of the deceased mother belonging to a Scheduled Tribe entitled to their equal share in the property – Denying the female heir a right in the property only exacerbates gender division and discrimination, which the law should ensure to weed out – No such custom of female succession could be established by the legal heirs, but nonetheless a custom to the contrary also could not be shown in the slightest, much less proved – Denying legal heirs deceased mother her share in her father’s property, when the custom is silent, would violate her right to equality vis-à-vis her brothers or those of her legal heirs vis-à-vis their cousin – Also, Hindu Succession Act, 1956, which excludes the Scheduled Tribes from its application, not applicable – Neither any particular law of a community nor custom could be brought into application by either side – Customs too, like the law, cannot remain stuck in time and others cannot be allowed to take refuge in customs to deprive others of their right – Furthermore, the principle of justice, equity, and good conscience find statutory recognition in the Central Provinces Laws Act, 1875, the High Court held that the same has been repealed and, thus, cannot be applied, is a mistaken position – Effect of s. 4 of the Repealed Act, is clear that no right having been accrued prior to the repeal of the Act shall be affected thereby – Parties to the instant lis are neither governed by Hindu nor Muslim laws and, thus, would be covered by s.6 of the 1875 Act – Rights of the mother had crystallized upon the death of her father, 30 years before the filing of the plaint, would not be affected by the fact that the Act was no longer in the statute book – Furthermore, there appears to be no rational nexus or reasonable classification for only males to be granted succession over the property of their forebears and not women, more so in the case where no prohibition to such effect can be shown to be prevalent as per law – Thus, the impugned judgment set aside – Central Provinces Laws Act, 1875 – ss.4, 6 – Constitution of India – Art.14. [Paras 12, 13, 15-20, 27-29]

Doctrines/Principles – Principles of ‘justice, equity and good conscience – Meaning of:

Held: Principle of ‘justice, equity and good conscience can be applied only when there is a void or, in other words, in the absence of any law governing that aspect – Since no custom to the effect that women were entitled to the property, the application thereof would be consistent with this position – When applying the principle of justice, equity and good conscience, the Courts have to be mindful. [Paras 18, 19]