DINA NATH Vs. BALKRISHNA

JUDGEMENT

(1.) This civil revision has been filed by the petitioner under the following circumstances.

(2.) One Smt. Ram Rakhi who was the aunt, that is father's brother's wife, of the applicant, died during the last Kumbh tragedy on 3rd February 1954. On her person certain cash and ornaments were found and were taken possession of by the district authorities. The present petitioner made an application to the Mela Officer for handing over the cash and the valuables. The Mela Officer asked the petitioner to obtain a succession certificate before the property could be handed over to him. Thereafter the petitioner made an application under Section 372 of the Indian Succession Act in the court of the Munsif West Allahabad, who partly allowed the application inasmuch as he granted a succession certificate tor the amount of cash, but dismissed the application in respect of the other valuables. An appeal was filed to the District Judge who upheld the order of the learned Munsif holding that the custody of the ornaments did not constitute a debt, for which a succession certificate could be granted. It is against this ordsr that the present revision has been filed.

(3.) The opposite parties in the case remained unrepresented throughout. The only question which requires determination in this case is, whether in a case of the present type where valuables are in possession of the district authorities a succession certificate could be granted and the valuables could be included within the meaning of the word 'debt' used in Section 370 of the Indian Succession Act.