SANATAN DHARAM SABHA Vs. SWAMI RAMA NAND

JUDGEMENT

(1.) THE present petition has been filed by Sanatan Dharam Sabha, Jalandhar (hereinafter referred to as the "Sabha"). The challenge is to the judgment dated December 7, 1983, passed by the learned Additional District Judge, Jalandhar whereby the appeal filed by respondent, Swami Rama Nand has been allowed and the order of revocation of succession certificate passed by learned Senior Sub Judge, Jalandhar has been set aside.

(2.) THE facts, which emerge from the record, show that on an application filed by Swami Rama Nand, a succession certificate was granted on November 9, 1977 is his favour by Senior Sub-Judge with regard to the estate of Swami Brahma Nand. The claim of Swami Rama Nand was accepted on account of the fact that he claimed that he was chela of the deceased, Swami Brahma Nand. Later on an application under Section 383 of the Indian Succession Act was filed on February 21, 1978 by the Sabha for revocation of the aforesaid succession certificate on the allegations that Swami Brahma Nand, during his life time, had executed a registered Will on June 20, 1971 in favour of the Sabha bequeathing all his moveable and immovable property in favour of the Sabha. Sabha claimed that Swami Rama Nand had obtained the succession certificate in question without disclosing the factum of will and without impleading the Sabha as a party in the proceedings for the grant of succession certificate.

(3.) THE learned trial Judge on the basis of the evidence available on the record held that the will in question set up by the Sabha was proved and as per the said will the Sabha was entitled to the estate left behind by Swami Brahma Nand. Consequently, the application filed by Sanatan Dharam Sabha was allowed and the succession certificate dated November 9, 1977 granted in favour of Swami Rama Nand was ordered to be revoked.