KUNDAN LAL Vs. STATE

JUDGEMENT

(1.) THIS first appeal is filed under Section 384 of the Indian Succession Act, 1925 against the judgment of the probate court dated 31.5.2004 by which the probate court below has allowed the application of the respondent no.2 herein for revocation of the letters of administration granted on 6.2.1997 in the probate case bearing no.163/1997 in favour of the appellant/petitioner.

(2.) BEFORE me, it could not be disputed, as stated in para 2 of the impugned judgment, that the issue of whether the deceased Sh. Gokal Chand did or did not renounce the world and became Swami Kesar Bharti was subject matter of a decision of a civil court in Punjab and which ultimately reached the High Court of Punjab and Haryana in RSA No.1723 of 1983 titled as Kundan Lal Vs. Atam Parkash and Ors. In this judgment, the High Court has given its stamp of finality with respect to Sh. Gokal Chand @ Swami Kesar Bharti having taken sanyas and therefore renouncing the world. Since Sh. Gokal Chand @ Swami Kesar Bharti renounced the world, all his natural relations with natural heirs were severed and such natural heirs as per the personal law cannot claim inheritance and rights to the properties of Sh. Gokal Chand @ Swami Kesar Bharti on the ground of entitlement under the personal law.

(3.) SECTION 11 Explanation IV of CPC states that any aspect which might and ought to have been made ground of defence or attack in a former suit shall be deemed to have been decided in the earlier case. Therefore, I disagree with the counsel for the appellant that he can argue the aspect of whether Sh. Gokal Chand @ Swami Kesar Bharti had or had not taken sanyas on the ground that certain aspects were not decided/taken note of in the earlier judgment inasmuch as the issue of taking sanyas by Sh. Gokal Chand has been concluded against the appellant herein in terms of the judgment of Punjab and Haryana High Court dated 14.11.2011.