SHANTI DEVI SHUKLA Vs. TIRATH PRASAD SHUKLA

JUDGEMENT

(1.) This revision application under Section 115 CPC has been filed by the applicant against the order dated 31.10.2006 passed by learned Third Additional District Judge (Fast Track Court), Shahdol in Misc. Civil Appeal No. 14/06 whereby the appeal of the respondent Tirath Prasad Shukla was allowed and the order dated 12.10.2004 passed by learned Additional Judge to the Court of Civil Judge, Class I, Shahdol in Case No. 2/04 was set aside.

(2.) Indeed, the present applicant along with two other persons namely Sukhmanti Bai and Mahendra Kumar Shukla filed an application on 13.7.1994 under Section 372 of the Indian Succession Act, 1925 for obtaining succession certificate that the amount of Ramsanehi who was the husband of Sukhmanti Bai deposited in the State Bank of India, Bansagar Branch (Devlond) District Shahdol, she is entitled to receive succession certificate. The said succession case was registered as Succession Case No. 4/94. The said application was allowed by learned District Judge, Shahdol Camp, Beohari and directed to issue succession certificate in the name of applicant-Shanti Bai. Thereafter, again the applicant-Shanti Bai filed another application to obtain succession certificate in the Court of Additional Judge to the Court of Civil Judge, Class I, Shahdol under Section 376 of the said Act that deceased Ramsanehi was entitled to receive compensation to the tune of Rs. 60,403/- in Land Acquisition Case No. 252/82 and, therefore, in order to extend the relief which was granted in favour of respondent in case no.4/94 the same be allowed and the succession certificate for that amount be also provided. The said application was allowed by learned Civil Judge Class I, Shahdol. The said order was challenged by present respondent Tirath Prasad Shukla by filing an appeal. The learned Appellate Court allowed the said appeal by passing the impugned order.

(3.) On bare perusal of the impugned order passed by learned Appellate Court, it is gathered that the amount of compensation of Rs. 60,403/- which is in regard to payment of compensation under the Land Acquisition Act was already received by deceased Ramsanehi during his life time and, therefore, learned Appellate Court has rightly came to hold that succession certificate cannot be granted in favour of the present applicant in that regard.