VIKRAM SINGH Vs. KRISHNA SINGH JUDEV

JUDGEMENT

(1.) This is revision directed against an order dated 5-4-1978 whereby the learned A. D. J. has directed issuance of notice to the applicant of an application submitted by non-applicants under Section 192 of the Indian Succession Act, 1925 (hereinafter referred to as the Act), for protection of property of the deceased Shri Raja Balbhadra Singh Judev, ex-Ruler of the erstwhile Datia State.

(2.) Facts essential for the present purposes are as under :-

(3.) Shri B. D. Gupta, learned counsel for the applicant contends that the impugned order is contrary to the provisions of Section 193 of the Act inasmuch as it does not disclose any satisfaction of the learned Judge as to his belief that sufficient ground exists for believing that the party in possession of taking forcible means for seizing possession had no lawful title. Therefore, the impungned order is without jurisdiction. Shri R. C. Shukla, appears on the authority of Shri R. S. Bajpai, counsel for the impugned order placing reliance on the ratio of the case reported in (Kunhi Lakshmi v. Mrs. R. Rugmani), AIR 1960 Ker 47.