SUBEDAR DURGEY THAPA Vs. MADHAB PRASAD REGMI

JUDGEMENT

(1.) THIS is an application under Rule 36 of the Rules for the Administration of Justice and Police in the Administered areas of Shillong and also under Article 227 of the Constitution of India. The Petitioner is a permanent resident of Naspatighari, Mawprem, Shillong. A suit was instituted by the Opposite Party for declaration of his title in the court of the Assistant Dominion Agent, Khasi States against the Petitioner as Defendant No. 1 and his father as Defendant No. 2, claiming certain property situated in the administered areas of Shillong.

(2.) THE main contention raised by the opposite party in this case was that as the deceased Sabarna Debi, inherited the property from her mother - Maina Debi, who in turn inherited it from her mother - Dhani Gurungseni and as the probate had been granted by the District Judge of Benaras, the Plaintiff was entitled tattle reliefs.

(3.) RELIANCE was placed by the counsel for the Petitioner on the case of Lal Singh v. Mt. Kishen Devi reported in, AIR 1929 Lah. 72 (2) (A). In that case it wan held that a Probate granted in respect of a Will cannot be effective as against the property situated outside British India; but it was also held therein that such a Probate will not be without jurisdiction and the competency of the court granting the Probate has to be ascertained having regards to the provisions of Section 273. Section 273 as amended provides as follows: