BHAGIRATH SHARMA Vs. GENERAL PUBLIC

JUDGEMENT

(1.) HEARD on I.A. No. 2, an application for taking documents on record. The application is allowed. Documents are taken on record. Also heard on admission. The applicants are aggrieved by an order dated 27.10.2007 passed by the I Ind Additional District Judge (F.T.C.) Janjgir in Miscellaneous Civil Appeal No. 5/2007, whereby the order dated 03.12.2004 passed by the Civil Judge Class-I, Janjgir Miscellaneous Civil Case No. 20/1999, under Section 372 of the Indian Succession Act, 1925 (hereafter referred to as 'the Act') granting a succession certificate in favour of non-Appellant No. 2 herein was affirmed. Brief facts are that the applicants herein filed an application under Section 372 of the Act for grant of succession certificate for the money left by Rampyari, widow of late Vishwanath Sharma, who was the brother of the applicants. Non-applicant No. 2 resisted the application on the ground that Rampyari had executed a Will in his favour on 05.09.1998 regarding her immovable and movable property. The said Will, Ex.D-1 was produced by non-applicant No. 2 before the Court and besides other witnesses attesting witness Devi Chandrakar was also examined. The learned Civil Judge Class-I, Janjgir, after recording evidence of parties, held that non-applicant No. 2 was having the best title to the money, i.e., the Bank accounts and G.P.F account left by Rampyari since he had proved the execution of Will by Rampyari in his favour. Accordingly, rejecting the prayer of the applicants herein, the learned Civil Judge Class-I, Janjgir, ordered issuance of a succession certificate in favour of non-applicant No. 2 herein. Being aggrieved, the applicants herein preferred Miscellaneous Civil Appeal No. 5/2007. The lower appellate Court also agreed with the finding recorded by the learned Civil Judge Class-I, Janjgir and dismissed the appeal. In this revision, the order dated 27.10.2007 passed by the I Ind Additional District Judge (F.T.C.) Janjgir in Miscellaneous Civil Appeal No. 5/2007 is under challenge.

(2.) SHRI Rajeev SHRIvastava, learned Counsel for the applicants has argued that the Courts below have committed jurisdictional error in deciding the question of grant of succession certificate in favour of non-applicant No. 2 without there being a probate in his favour. In support of the argument, leaned counsel for the applicants has relied on Vidhayaram @ Brajeshkumar Damodarprasad v. Devlal Moolchand, 1981 MPLJ 448 and Smt. Sarmishtha Devi Surve and Ors. v. Lal Saheb Surve and others, : AIR 1996 MP 13.

(3.) I am of the considered opinion that no illegality or jurisdictional error has been committed by the Courts below in granting succession certificate in favour of non-applicant No. 2. In view of the concurrent finding of fact and the scope of enquiry on an application for grant of succession certificate under Section 372 of the Act, being of a summary nature, no interference is called for in exercise of revisional jurisdiction. Accordingly, the civil revision is dismissed at the stage of admission. Consequently I.A. No. 1 for stay also stands dismissed.