MALAI KANTI DAS Vs. AMARENDRA KR. SARKAR

JUDGEMENT

(1.) This appeal has arisen from the order dated 20.3.1987 passed by the District Judge Dhubri in Misc Case No. 121/85 arising out of Misc (S/C) Case No. 111/84 revoking the succession Certificate issued in favour of the appellant in the said case.

(2.) The facts of the case in brief is that appellant filed a petition for issuance/grant of succession certificate in his favour being the successor of his deceased wife and natural guardian of the only minor daughter of the deceased. In that application he made the mother and three brothers of his deceased wife parties along with his minor daughter, Mousumi. The succession certification was for an amount of Rs. 28,278,44.00 deposited in the United Commercial Bank, Gauripur in the name of his deceased wife. By order dated 20.3.1987, the District Judge, Dhubri granted the certificate as prayed for. But the present respondent, the father of the deceased was not made a party and therefore he filed a petition before the District Judge for revocation of the succession certificate granted in favour of the appellant. Allegation of the respondent father was that the Bank deposit, for which succession certificate was granted, was made by him in favour of her deceased daughter. His daughter was ill-treated and neglected by her husband and due to negligence of the husband his daughter died premature after delivery of the third child. To give protection and security to her life the respondent opened some Bank accounts in her favour before her marriage and after her marriage also when his grand daughter was bom. After his daughter's death his son-in-law and the baby used to live with him for sometime, but after sometime left his house. The appellant Maloi Kanti Das married 2nd lime and disassociated from his family. The respondent stated that the said account of his deceased daughter was opened by him for her security before her marriage and therefore he claimed that the deposited amount with interest were all 'streedhari and his grand daughter is the only successor of the 'streedhari'. Further the learned District Judge, Dhubri granted custody of the child, till her attaining majority, to the respondent. Respondent's apprehension was that appellant Malai Kanti Das would not appropriate the amount, to be encashed with the succession certificate, for the well being of the child.

(3.) Heard learned counsel for both sides.