P L BASAPPA Vs. SIDDAMMA

JUDGEMENT

(1.) The only question of law that arises for decision in this appeal is whether the respondent's Execution application in Execution No. 38 of 1962 on the file of the Munsiff at Arsikere cannot be proceeded with without the production of a succession certificate.

(2.) Ningappa the husband of the respondent obtained a money decree against the appellant in O.S. No. 507 of 1957 on the file of the Munsiff at Hassan. But before he could recover the money decreed he died leaving behind him his widow the respondent and two sons. It is said that the two sons of Nongappa had released their right in the suit decree in favour of their mother, the respondent. The respondent has now levied execution of the decree, the execution case being Ex. No. 38 of 1962 on the file of the Munsiff at Arsikere as mentioned earlier. The execution Applicant is resisted by the judgment debtor on the ground that the same cannot be proceeded without the production of a succession certificate as required by Section 214 of the Indian Succession Act, 1925.

(3.) It is not denied that the respondent had no right in the amount decreed during the life time of her husband. It is also not denied that she did not get the property in question by survivorship she acquired a right for a portion of the decree in view of Section 8 of the Hindu Succession Act, 1956(Central Act No. 30 of 1956). This section regulates succession to the estate of a male Hindu dying intestate. Because of the provisions contained therein the respondent became a legal representative to the deceased. That section says that the property of a male Hindu dying intestate shall devolve according to the provisions contained regulates the succession to the estate of a male Hindu dying intestate. It does nothing more.