KHADER BEE Vs. MOHAMMAD VAZIR

JUDGEMENT

(1.) The short question that falls for consideration in the present Civil Revision Petition is whether the Succession Certificate as contemplated under Sec. 214 of the Indian Succession Act, 1925 is required for the purpose of executing a decree obtained in the suit for partition of immovable properties.

(2.) The factual matrix in filing the present revision petition is set out hereunder: The petitioners are the plaintiffs. They have filed O.S.No. 243 of 1981 on the file of the learned Principal Junior Civil Judge, Karimnagar and obtained a decree. Pursuant to the decree, the petitioners have filed Execution Proceedings. Meanwhile one of the decreeholders died. The Executing Court took the stand that in the event of the death of a decreeholder; Succession Certificate is necessary as per Section 214 of the Indian Succession Act.

(3.) It is to be noticed that in the present case the decreeholders have filed Execution Proceedings pursuant to the decree obtained in the suit for partition and as per Section 214 of the Indian Succession Act, Succession Certificate is required for the purpose of recovery of any debt. The word 'debt' has been defined under subsection (2) of Section 214 of the Indian Succession Act, which clearly specifies that the word debt includes any debt except rent, revenue or profits payable in respect of land used for agricultural purpose. The question raised in this revision petition has been considered by this Court in Rama Seshagiri Rao vs. N. Kamalakumari1. This Court while interpreting Section 214 of the Indian Succession Act has held as under: