MAHETTAR Vs. KARMIHIN

JUDGEMENT

(1.) This Revision has been preferred against the order dtd. 9/11/2017 passed in Misc. Civil Appeal No.27/2016 by the 2nd Additional District Judge, Sakti, District Janjgir Champa, whereby the appeal preferred by the petitioner for dismissal of the petition filed under Sec. 372 of the Indian Succession Act, 1925 was dismissed.

(2.) Facts of the case are that the petitioner filed an application under Sec. 372 of the Indian Succession Act, 1925 before the Civil Judge, Class-1, Sakti, which was registered as Succession Case No.13/2014 (Mahettar Vs. Karmihin and Others). As per the pedigree, petitioner's grandfather Awadhram was the cousin brother of deceased Mangluram. Mangluram died on 2/5/2014 and he was unmarried. The deceased was working at Nagar Palika, Kharsiya and also opened Account No.10759572134 at SBI, Kharsiya in which salary of the deceased was being deposited. At the time of death, Rs.96,622.00 was deposited in the said account. As the petitioner had taken care of the deceased during his life time and also performed last rituals, he preferred a petition for grant of succession certificate in his favour to obtain the said amount. Non-Applicant No.2 Munni Bai is the real sister of the applicant whereas Non-Applicants No.1 and 3 namely, Karmihin and Shanti Bai are also cousin sister of the applicant. No-one has opposed the petition of the applicant and the non-applicants remained ex-parte.

(3.) Learned counsel for the petitioner would submit that the trial Court after hearing the parties has wrongly dismissed his application because the applicant is the only legal heir, as per the Hindu Succession Act. So learned counsel prays to allow the Revision and set aside the impugned order.