NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TILTS revision petition is directed against the order of the Additional District Judge, Faridkot, dated 26. 4. 1989 declining to execute the award pertaining to the enhanced amount of compensation on the ground that the legal representatives Lal Singh i. e. petitioners should bring a succession certificate after making interpretation of Section 214 of the Indian Succession Act (hereinafter referred to as 'the Act') and Order 21 Rule 15 of the Code of Civil Procedure (hereinafter called the 'code' ). At the time of hearing today, an affidavit of Jaspal Kaur widow of Lal Singh has been filed before me stating that she along with Harinder Pal Singh, Sukhwinder Pal Singh and Akbinder Pal Singh sons of Lal Singh and Basant Pal Kaur and Chinder Pal Kaur daughters of Lal Singh are the only legal heirs of Lal Singh deceased.

(2.) IT hag been vehemently argued by Mr. N. L. Dhingra, the Seamed counsel for the petitioners that Lal Singh deceased was one of the joint decree-holders and, therefore, his legal representatives ate under no legal obligation to obtain in the first instance a succession certificate before claiming, the enhanced amount of compensation It has farther been argued by him that Section 214 of the Indian Succession Act is applicable to a person who is a solitary decree-holder. In support of his arguments, he has cited Ramnibas Aggarwala v. Mt. Podumi Kallta, AIR. 1967 Assam and Nag. 27, Maddula Kasiyya v. Jallipalli Pullayya, A. I. R. 1974 Andh. P. 220, Nandlal v. Mahavir Kumar, A. I. R 1974 Raj. 189 and M. C. Sreedharan v. Pattieri Kumaran, A. I. R. 1981 Kerala 51, On the other band Mr. Raina the Assistant Advocate General, has taken the help of the authority reported as K. T. Thimrne Gowda v. Shri Thimme Gowda, A. I. R. 1986 Karnataka 204, for the proposition that the legal representatives of the deceased cannot execute the decree in the absence of a succession certificate.

(3.) BEFORE discussing the case law cited at the bar by the counsel for the parties and in order to interpret the provisions of Order 21 Rule 15 of the Code of Civil Procedure and 214 of the Indian Succession Act, it is necessary to have a look at the bare provisions of the statutes which are as under :-