NITYANAND PAO Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T. Jamoh, learned counsel appearing for the petitioner. Also heard Mr. R. H. Nabam, learned Senior Govt. Advocate, appearing on behalf of State respondents 1 and 2 and Mr. Tonning Pertin, learned counsel appearing for respondent No. 3. None appears on behalf of respondent No. 4.

(2.) This application has been filed under Section 115 read with Section 141 and 151 of the Code of Civil Procedure, 1908, challenging the impugned order dated 30.05.2008 passed by the Deputy Commissioner, East Siang District, in Succession Certificate Case No. 15/2007. The brief facts leading to filing of this revision petition are that the respondent Deputy Commissioner, East Siang District, Pasighat, issued a Succession Certificate Case No. 15/2007 on 17.04.2007 in favour of Jai Singh Pao, respondent No. 3 on his application made on 21.02.2007, under Part-X of the Indian Succession Act, 1925. The certificate so issued relates to :

(3.) Mr. T. Jamoh, learned counsel for the petitioner, submits that so far the amount of debt and securities including the Savings Bank Account as described in Items 1 and 2 in the impugned Succession Certificate, there is no objection from the petitioner's side inasmuch as he has no grievance against the same. But in respect of Item No. 3 of the Succession Certificate which relates to the Estate of "any other estate if deceased Lahor Singh Pao, HGB of Oyan Village, who died on 05.02.2007" the petitioner has serious objection inasmuch as the Deputy Commissioner is not authorized to grant the Succession Certificate in respect of the estate of the deceased Lahor Singh Pao. The learned counsel for the petitioner has drawn the attention of this Court to the provisions of law under Section 374 of Indian Succession Act, 1925, which reads as follows:-