JAGAT NARAIN Vs. DISTRICT JUDGE MAINPURI

JUDGEMENT

(1.) The petitioner challenged the order dated 25-4-1984, Annexure-2 to the write petition allowing appeal and setting aside the order dated 2-2-1982 refusing to revoke succession certificate.

(2.) The petitioners applied for succession certificate which was registered as Misc. Case No. 8 of 1979 under Section 372 of Indian Succession Act on 20-2-1979 before the Civil Judge, Mainpuri in respect of amount of Rs. 16.750/- deposited in the Post Office and State Bank of India by Rati Ram Sharma. Petitioners who are nephews of Rati Ram Sharma filed application on the- ground Inter alia that they are only heirs of Rati Ram Sharma entitles to succession certificate, that there is no Will executed by him in favour of any other person. The application was allowed and the succession certificate was issued by Civil Judge on 17-7-1979.

(3.) Opposite party No. 2 Shyam Sunder filed an application under Section 383 of the Indian Succession Act on 25-7-1979 on the ground inter-alia that the deceased executed a Will on 28-12-1976, petitioners had full knowledge about the fact that proceedings were going on the basis of Will for mutation in revenue record before Tehsildar, they were party to the said proceedings and represented through Uma Shanker, Advocate on 2-1-1978, in spite of this they had obtained succession certificate by concealment of the fact. The Civil Judge, Mainpuri by order dated 2-2-1982 rejected the said application.