Civil Appeal No 348 of 1977
Appeal by special leave from the Judgment and Order dated 21 9 1976 of the Punjab  Haryana High Court in Letters Patent Appeal No 8976
W C Chopra for the appellant
M L Varma for respondent No 1
The Judgment of the Court was delivered by KRISHNA IYER J
A judgment often possesses a sublime essence and a humdrum component
The appeal before us in its happy conclusion holds out the higher lesson that hate and fight are dissolved by basic human fellowship even after bitter litigative struggle if the Bench and the Bar pursue consensual justice and bring into 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
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 151a of the the Act for short
The High Court negatived the right to a share as an heir and in doing so preferred the interpretation of the provision adopted by the then Mysore High Court AIR as against the meaning attached to the provision by the Allahabad High Court In fact a plurality of decisions has been brought to our notice indicating a plain conflict
Interpretation is sometimes a projection of judicial inclination to do justice
The question of law canvassed before us turns on the meaning of son and daughter in the setting of section 151a of the Act
Do the expressions include step son and step daughter or embrace only the son and daughter of the deceased female propositus  The text and the context and the application of traditional rules of statutory interpretation leave the position in an unsatisfactory dilemma of dual import
Even an equitable approach may not necessarily help reach a just solution because equity shifts as the situation varies as illustra 641 tions presented to us convinced us
Thus the problem is a little tricky and may well arise frequently
Contradictory positions already taken by different High Courts add to the difficulty and result in the deleterious uncertainty of the law which may well incite as it has done here close relations to quarrel over property
Blood may be thicker than water but wealth breaks all relations on a word of material value sets
The Supreme Court may when the High Courts disagree 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 the rulings of courts the matter should not be left in doubt or to forensic linguistic exercises but must be settled by legislative action on the part of Parliament making explicit its policy on this branch of the 
Inaction leads to more litigation speculation and compulsion for judicial legislation by the Supreme Court
Drafting lapses are understandable but when differences of interpretation come into the open delay in correctional parliamentary performance is fraught with negative litigative potential
We are hopeful that the Indian draftsmen will disprove the old English jingle I am the parliamentary draftsman I compose the country s laws And of half the litigation I am undoubtedly the cause
The sublime element which we adverted to in the beginning consists in the optimistic endeavour to bring parties together so that the litigation may not cut them asunder especially when they are sisters
The purpose of law and justice dharma is promotion of cohesion and not production of fission
From this angle as the arguments proceeded and the legal tempers flared up we suggested that instead of escalating estrangement the parties may as well compose themselves and their quarrels and re establish their sisterly relations making a somewhat amicable adjustment of the lis before us
Viewing the case from this perspective of tranquillity versus turbulence but making it perfectly 642 plain that suggestions from the court towards this 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 statement1 signed by the parties setting down the terms on which they have agreed
We consider it a success of the finer human spirit over its baser tendency for conflict
Now we come to the humdrum part of the case
According to the compromise some landed properties are to be made over to the appellant
Some cash is also to be paid to the appellant by the respondent
The discretion to fix the sum has been left by the parties to us
We direct that the respondent shall pay a sum of Rs 75000 to the appellant within two weeks of the attachment of the moneys by the trial court being withdrawn
The plaintiffappellant undertakes that she will get the attachment withdrawn and we direct her to do so
We make it further clear that this withdrawal of the attachment is to facilitate the making of the payment of Rs 75000 from out of the sum now lying in bank deposit
We also direct that landed property worth Rs 25000 will in addition be made over to the appellant from out of the suit property
The further direction must justly follow and we make that all the rents due from the properties allotted to the appellant under the joint statement prior to this date and subsequent to this date shall be collectible by the appellant
If they have already been deposited 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
643 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 income or otherwise
Before we part with the case we should like to emphasise that having regard to the merits of the claim this is not merely a just adjustment of a bitter litigation but a path finder for the subordinate courts in dealing with family or like disputes
Indeed we have had to take the lead in giving shape to the settlement as it has finally emerged
Counsel on both sides have also statesman like assisted in producing the settlement
We command this example to the judiciary and to the Bar and reinforce it with what Gandhiji has recorded in his autobiography I have leant the true practice of law
I had learnt to find out the better side of human nature and to enter men s hearts
I realised that the true function of a lawyer was to unite parties driven asunder
The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases
I lost nothing thereby not even money certainly not my soul
 We allow the appeal in part but entirely in terms of the compromise which we consider clearly reasonable and just
There will be no order as to costs
TULZAPURKAR J Decree in terms of compromise without costs
Parliament should clarify its intention regarding section 151 a
PBR Appeal allowed in part


Summary:
The purpose of law and justice Dharma is promotion of cohesion and not production of fission
A judgment often possesses a sublime essence and a humdrum component
The sublime element consists in the optimistic endeavour to bring parties together so that the litigation may not cut them as under especially when they are blood relations like sisters
The present appeal in its happy conclusion holds out the higher lesson that hate and fight are dissolved by basic human fellowship even after bitter litigative struggle if the Bench and the Bar pursue consensual justice and bring into play conciliatory processes and successfully persuade the parties to see reason and right beyond bare law
If the effort succeeds the court and counsel derive spiritual fulfilment and get satisfaction
The finest hour of justice arrives propitiously when parties despite falling apart bury the hatchet and weave a sense of fellowship or union
640 D The present case is not merely a just adjustment of a bitter litigation but a path finder for the subordinate courts in dealing with family or like disputes
643 B The text and the context and the application of traditional rules of statutory interpretation in a given case might leave the position in an unsatisfactory dilemma of dual import
Even an equitable approach may not necessarily help reach a just solution because equity shifts as the situation varies
Contradictory positions taken by different High Courts add to the difficulty and result in the deleterious uncertainty of the law
The Supreme Court may resolve the 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 some cases
640 H The appellant and the respondent were step sisters daughters of a common father but of different mothers
The father who owned vast properties had died before the coming into force of the 
The respondent s mother who inherited her husband s estate died after the coming into force of the 1956 Act
The High Court dismissed the appellant s claim for a half share in the properties under section 151a of the Act
The specific point of claim whether a son and daughter in the setting of section 151a of the Act includes step son and step daughter or embraces only the son and daughter of the deceased female propositus has escaped the Parliament s attention while passing the legislation
At the Court s suggestion the parties came to a compromise assisted by counsel on both sides 640 Tulzapurkar J Parliament should clarify its intention regarding section 151a of the Act