SMT. RAJJOO DEVI Vs. NAGESHWAR AND OTHERS

JUDGEMENT

(1.) JUDGEMENT Shrimati Rajjoo filed an application under section 372 of the Indian Succession Act of 1925 praying for a succession certificate in respect of Ms. 1315/12/- at the credit of Girja Dutt pandey, a peon in the Hallway Department as his provident fund. Girja Dutt pandey retired from service on 27th May, 1954 but before he could withdraw the amount he died on 29th October, 1954. The petitioner claimed herself to be the sister of Girja Dutt Pandey. Three other persons laid claim to the same amount. Radhey Shiam and Radha Krishna Mated that they were the sisters sons of Girja Dutt Pandey. They also alleged that Girja Dutt Pandey Bad made an oral will in their favour and in favour or Ram Kishore and Ram Swarup.

(2.) IT is further pleaded that Shrimati Rajjoo had executed a deed of relinquishment in favour of her sisters song. Nageshwar also laid claim to the amount as descendant from a common ancestor Daya Ram. The parties proceeded to trial on the basis of nine issues. The learned Munsif was finally of the opinion that Shrimati Rajjoo Devi was entitled to the amount in dispute. Against that order, two appeals were preferred before the District Judge, Unnao. Radhey Shiam and Radha Krishna preferred Miscellaneous Civil Appeal No. 3 of 1959 and Nageshwar preferred Miscellaneous Civil Appeal No. 4 of 1959.

(3.) THE revision applications came up before me for hearing on March 10, 1964. The question primarily before me is whether there has been a failure on the learned District judge to exercise jurisdiction vested in him. For a decision of that question, it is necessary to decide whether a succession certificate can be granted in respect of this amount. The question whether Shrimati Rajjoo Devi would be entitled to get the certificate has not been discussed by the learned District Judge on merits, and, therefore, if it is held that a succession certificate can be granted, the matter will have to go back to the learned District Judge for a hearing on merits.