LAWS(MAD)-2019-9-605

SRUTI SEVA TRUST Vs. STATE BANK OF INDIA

Decided On September 27, 2019
Sruti Seva Trust Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the order passed by the Court below in refusing to entertain the Succession Certificate Petition filed by the Petitioner/Trust.

(2.) The Trust was run by one Swami Baswarananda Saraswathi. During that point of time, donations were given by many devotees in the name of the said Baswarananda Saraswathi. After the death, the State Bank of India where the amount was deposited, insisted for production of a Succession Certificate in order to enable the Trust to utilize the funds. In view of the same, the Petitioner/Trust approached the Court below and filed a Petition for issuance of a Succession Certificate. This Petition was dismissed by the Court below on the ground that the amount stood in the name of Swami Baswarananda Saraswathi and the Trust cannot be called as a legal representative of the said Baswarananda Saraswathi and therefore, refused to even entertain the Petition.

(3.) The learned counsel for the Petitioner submitted that admittedly Swami Baswarananda had received donations from the general public while running the Trust. These offerings/donations were made in the name of Swami Baswarananda Saraswathi and it was deposited in the Bank. The learned counsel for the Petitioner submits that the moment the person takes the status of an ascetic, it is said to be a civil death and therefore, the Trust will have to be taken as the legal representative and the Succession Certificate ought to have been granted in favour of the Trust. The learned counsel in support of his submissions, relied upon the judgment of the Honourable Supreme Court in Sital Das .vs. Sant Ram and others reported in AIR 1954 SC 606 and the judgment of the Karnataka Hig Court in North West Karnataka Road .vs. Matadipathi and Successor reported in 2006(3) KLT 456.