LAKSHMIAMMAL Vs. BOOBALAN

JUDGEMENT

(1.) One Balasundaram Chettiar who is now no more, had a deposit with the A.B.T. (P.) Ltd., Polachi. On the date of his death, there were amounts still in deposit with that concern. Subsequently, Lakshmiammal, the Petitioner in this revision, filed a petition for the issue of a succession certificate in the District Munsif's Court, Coimbatore. An order was passed in that petition on 5-4-1966 enabling her to obtain an aggregate sum of Rs. 16,461-45, from the A B T (P) Ltd. It may be observed that in the said O.P., the petitioner was described as the wife of the late Balasundaram Chettiar. Subsequently, after nearly fl years, on 26-5-1977, respondents 1 to 9 filed an application before the learned District Munsif invoking the inherent powers of the court and praying for an order directing the petitioner to deposit Rs. 4184-98 out of the amount which had been received by her from ABT (P) Ltd., on the strength of the succession certificate issued in her favour by the court. The respondents claimed in their application that the petitioner Lakshmiammal could claim no interest on the amounts lying in deposit to the credit of the deceased Balasundaram Chettiar and that she had obtained a succession certificate in respect thereof by abusing the process of court. On notice of this application, the petitioner denied all the allegations leveled against her. She also submitted that the application for directing her to redeposit the amount obtained by her from A B T (P) Ltd. did not lie.

(2.) The learned District Munsif overruled the contentions of the petitioner and directed her to deposit the amount of Rs. 4184-98 into court. The learned District Munsif, in the course of his order, also upheld the maintainability of the application filed by the respondents.

(3.) The petitioner questions the jurisdiction of the learned District Munsif to call upon her to redeposit the amount which she had obtained from A B T (P) Ltd. on the strength of the succession certificate earlier issued to her. Learned counsel for the petitioner put her point on the basis that when once a succession certificate had been granted, the court granting the said certificate becomes functus officio.