TAPESWARI Vs. SUKHARAJIA

JUDGEMENT

(1.) This application is for revision of an order of the Dist. J. 24'Parganas, summarily dismissing an application under Section 192, Succession Act.

(2.) One Ramchiz died intestate on 22-12-1948, leaving certain movable & immovable properties. The petitioner before us Sm. Tapeswari claims to be the sole heir of Ramchiz, being his sister, & thus entitled to succeed to his estate under Act II (2) of 1929. She alleged that the properties left by Ramchiz were in the possession of one Sukharajia, who had been Ramchiz's concubine & was not legally entitled to any part of the properties & that there was risk that by the time the petitioner could obtain letters of administration, the properties, or a greater portion of it would be wasted. She therefore made an application under Section 192, Succession Act.

(3.) On such an application being made, the Dist. J. had to proceed in accordance with the provisions of Section 193, Succession Act. According to this section the Dist. J. has first to examine the applicant on oath & thereafter has to make such further enquiry if any as he thinks necessary as to whether there was sufficient ground for believing that the party in possession, or taking forcible means for seizing possession, has no lawful title, & that the applicant, or the person on whose behalf he applies, is really entitled & is likely to be materially prejudiced if left to the ordinary remedy of a suit, & that the application is made 'bona fide'. Under Section 194 of the Act, if the Dist. J. is satisfied on these points, namely, that the application is 'bona fide,' that the applicant is really entitled, that the other party has no lawful title & also that the applicant is likely to be materially prejudiced if left to the ordinary remedy of a suit, he shall summon the party concerned against whom the complaint has been made & give notice of vacant or disturbed possession by publication & do certain other things with which we are not concerned.