ANANTHAMATHI Vs. RATNAVATHI

JUDGEMENT

(1.) This petition under Sec. 115 of the CPC is to revise the order of the Principal Munsiff, Puttur, granting a succession certificate to the 4th Respt on an application filed under Sec.372 of the (Indian) Succession Ad, 1925 (hereinafter referred l:o as 'the Act') .

(2.) Shortly stated the facts are these: One B.T.Ariga died on 29th May, 1973, leaving behind the respondents as his legal representatives. They approached the Munsiff's Gcurt for a succession certificate in respect of the amount lying in the Bank Account of 'the deceased, and also in respect of some shares held by him in certain Companies.

(3.) The petitioner opposed the application on the ground, among Others, that the Coun': of Munsiff has no jurisdiction to grant succession certificate. He also contended that the deceased got properties under a settlement Deed dt.29th Novr, 1916, and upon his death, the properties as per the terms of the deed would pass on to the petitioner and not to the legal representatives of 'the deceased as they claim it to be.