ASHIT KUMAR SARKAR Vs. ARUN KUMAR SARKAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 13th April, 1983, passed by Sri A. P. Bhattacharya, learned district Judge, Malda, in Misc. Case No. 115 of 1980 for revocation of the succession certificate and the extended certificate.

(2.) ON the application by Ashit Kumar Sarkar for the succession certificate filed on 3rd April, 1969 for realisation of certain debts etc. with the allegation that his father Balaram Sarkar died intestate on 5th March 1967 leaving his two sons, Ashit Kumar Sarkar (applicant) and Arun Kumar sarkar and two married daughters, Abha Rani Kundu and Priti Kusum roy Chowdhury and that the applicant being one of the sons of the deceased had the right to get the succession certificate for realisation of the debts etc. due to the deceased; the learned District Judge after service of the notices upon the relatives as mentioned in the application and holding the necessary enquiry, granted the succession certificate on 9. 10. 6 9 in favour of the applicant Ashit Kumar Sarkar in respect of the debts etc. as mentioned in the schedule to the application itself.

(3.) ON a further application by Ashit Kumar Sarkar for the extended certificate in respect of some other debts due to the deceased, which were not included in the succession certificate, the learned District Judge granted the extended certificate in respect of those debts etc. on 20th september, 1976.