BHAIYA JI Vs. JAGESHWAR DAYAL BAJPAI

JUDGEMENT

(1.) THIS revision is directed against the judgment of the Civil Judge, Etawah, dated 30th Oct. 1973, deciding Issue No. 6 against Bhaiyaji alias Nagendra Prasad Bajpai the applicant.

(2.) BRIEFLY stated, the facts necessary to appreciate the controversy are these. One Smt. Bitto Kuer was the aunt of the plaintiffs. She owned considerable property. Jageshwar Dayal (since deceased), who was impleaded as defendant in the suit, used to manage the same. During the lifetime of Smt. Bitto Kuer, the defendant made negotiations on her behalf for the sale of her properties, which ultimately fructified. On the transfer having been made by Smt. Bitto Kuer, the defendant received a sum of Rs. 11,000/- on her behalf. Smt. Bitto Kuer, however, died on 14-8-1971. During her lifetime she executed a will bequeathing her estate including the amount in question to the plaintiffs. In the suit, the plaintiffs claimed the said amount on the basis of the will.

(3.) THE sole controversy which arises for determination in this case is whether a probate or succession certificate was required to be obtained by the plaintiffs before a decree could be granted in their favour. Sri K. K. Bajpai, counsel appearing for the plaintiffs, contended that as the provisions of S. 214 read with S. 213 of the Indian Succession Act did not apply to a Hindu living in Uttar Pradesh, the courts below committed an error in holding that the suit of the plaintiffs could not be decreed without obtaining a probate or succession certificate.