BASANTA Vs. LAKSHMI

JUDGEMENT

(1.) In this appeal the defendant in T.M.S. No. 14 of 1978-II of the court of the Munsif, Balasore has challenged the judgement and decree of the lower appellate court confirming those of the trial court decreeing the plaintiffs' suit.

(2.) The question of law that arises for consideration is whether the plaintiffs could maintain the suit without filing a succession certificate in accordance with the provisions under S.214 of the Indian Succession Act.

(3.) The plaintiffs, daughters of Mani Sethi, who died on 26-2-1971 filed the suit for realisation of Rs. 1270/- on the allegations, inter alia, that the defendant had taken a loan of 20 quintals of paddy from their father and executed a mortgage bond (Ext. 1) agreeing to pay interest at the rate of 9% per annum and to make over possession of the land. It was further stipulated in the document that the principal loan amount and the interest shall be adjusted from the usufructs of the land within 5 years. Thereafter, the loan would stand discharged and the defendant would get back possession of his property from the creditor. In case of default of any of the conditions embodied in the document, the creditor would be at liberty to recover his dues through court. It was the further case of the plaintiffs that Mani Sethi remained in possession of the land for a year and adjusted Rs. 250/- from the yield of that year. He died during the next year and the plaintiffs possessed the property as his heirs and successors. But the defendant forcibly cut away paddy crops from the land and dispossessed them. Therefore, the plaintiffs initially filed a money suit to recover damages, which was subsequently converted into a mortgage suit by amendment of the pleadings.