MALTIBAI Vs. BHIMDEO RAO

JUDGEMENT

(1.) THIS appeal has been preferred by the Appellant (opponent) Smt. Maltibai against the order of the District Judge, Indore, passed on 24 -12 -1957, granting to the deceased Respondent Col. Martandrao Bhagwat a succession certificate to the estate of the Princess Sitabai Sahab.

(2.) THE Appellant is the daughter's daughter and the deceased Respondent Col. Martandrao Bhagwat (now represented by Bhim -deorao and others) was the son of the said Princess Sitabai Sahab. The village of Barlai in Indore was granted to her at the time of her marriage by her father, His Highness the Ruler of Holker State, by the Sanad, dated 7 -10 -1886. On 6 -5 -1946, Princess Sitabai Sahab executed a will bequeathing her properties, including the jagir village partly in favour of the parties 'and' partly in favour of others. She died on 1 -2 -1956. The village was acquired by the State in 1952 under the Madhya Bharat Abolition of Jagirs Act, Sam -vat 2008 (hereinafter called the Jagir Abolition Act) and compensation was made payable in instalments. On the date of the application for succession certificate, four instalments of the compensation amounting to Rs. 17, 226 -7 -4 were due. The deceased Respondent Col. Martandrao applied for a succession certificate to enable him to receive the amount.

(3.) THE learned District Judge held that the Respondent was entitled to a succession certificate and granted the same.