RUPENDRA SINGH Vs. KRISHNA KANHAIYA

JUDGEMENT

(1.) This revision is directed against the order dated 22-11-1995 passed by the District Judge, Rajnandgaon, in Misc. Civil Appeal No. 5/92, reversing the order dated 30-11-1991 in Succession Case No. 6/85 passed by the 1st Civil Judge, Class I, Rajnandgaon, who rejected the application filed under Section 372 of the Indian Succession Act (for short, "the Act") for grant of succession certificate in favour of the non-applicant No. 1.

(2.) Facts material for disposal of this revision in brief compass are that non-applicant No. 1 Krishna Kanhaiya after the death of Bhanumati Bai who died on 22-11-1984, claiming himself and non-applicant No. 2 being step-brother, to be her legal heirs, filed application for grant of succession certificate in respect of rent for the month of November, 1984, December, 1984 and January, 1985 total Rs. 900/- (Rupees nine hundred). Non-applicant No. 2 did not appear and remained ex parte. Applicant objected grant of succession certificate in favour of non-applicant No. 1 on the ground that Bhanumati Bai during her lifetime executed a Will in his favour, therefore, after her death, he became owner of the property left by her. He never remained tenant of Bhanumati Bai. After her death, he filed an application for mutation and grant of lease on the basis of that Will. House has been recorded in his name and Nazul land over which the house is situated has also been leased in his favour.

(3.) Both the parties in support of their cases, adduced oral and documentary evidence. Learned trial Court, after evaluation of the evidence held that non-applicant No.1 failed to prove that the house in dispute was given to Rupendra Singh on monthly rent of Rs. 300/- (Rupees three hundred) and also failed to prove that he and his brother-non-applicant No. 2 are the successors of Bhanumati Bai, therefore, dismissed the application vide order dated 30-11 -1991. Aggrieved by that order non-applicant No. 1 preferred the appeal bearing Misc. Civil Appeal No.5/92. Learned appellate Court vide impugned order reversed the order passed by the trial Court and allowed the application filed by non-applicant No. 1 for grant of succession certificate in respect of monthly rent of Rs. 300/- (Rupees three hundred) against the disputed house.