KAUSHALAYA MEHTA Vs. STATE

JUDGEMENT

(1.) THIS petition relates to the estate of late Shri Hans Bali who is stated to have expired on 2/08/1992. There are, however, conflicting statements pertaining to the residence of the deceased, as also to the Authority which had issued the Death Certificate. While in the petition it is stated that the Death Certificate, Ex. P.W.1/1, paragraph 2, was issued in Calcutta, in the evidence by way of affidavits, it is mentioned that it was issued by the MCD. A perusal of the records disclose that the Death Certificate was in fact issued in Calcutta. The statement of the Petitioner, in affidavit, does not therefore appear to be correct. THIS question has become critical for the reason that apart from a self-serving statement that the deceased had resided with his sister, the Petitioner herein, the immovable property as well as the movable properties and valuables, are located in Calcutta. The citation of the petition has also been published only in the Statesman, New Delhi Edition. As no Objections have been filed to the petition I must be satisfied beyond doubt that the present proceedings are in fact maintainable in Delhi. As mentioned above, in some places it has been pleaded that the deceased resided with his sister in New Delhi, whereas in other places it is stated that he had no fixed place of abode. Rather than returning the petition to learned counsel for the Petitioner for presentation to the Court having territorial jurisdiction, the case be notified for further hearing on 13.9.2000. Issue Court notice to the Petitioner, returnable on the said date. The Deponents/Witnesses are directed to be present in Court on that date.