GOPAL KRISHAN Vs. GENERAL PUBLIC

JUDGEMENT

(1.) The present revision petition is directed against the order dated 7-3-1986 passed by learned Additional District Judge, Amritsar on a petition u/S. 372 of Indian Succession Act whereby he accepted the appeal of the petitioner and granted the succession certificate in favour of Baldev Krishan.

(2.) Brief facts of the case are that Baldev Krishan s/o Panna Lal filed an application u/S. 372 of the Indian Succession Act for issuing of succession certificate in respect of estate of Panna Lal deceased who died on 8-1-198.1 at Amritsar. It is the case of the petitioner that Panna Lal had left behind him Baldev Krishan, his widow Phoollan Rani son Rakesh Kumar and daughter Usha Rani. In the said application it was averred that Phoollan Rani, Rakesh Kumar and Usha Rani had relinquished their claim in favour of Baldev Krishan for issuing of succession certificate. Upon notice the respondent filed a written statement making the claim for issuing of succession certificate in his favour. During the pendency of the petition an application was made by one Gopal Krishan that he is one of the legal heirs of the deceased and, therefore, he is entitled to 1/5th share in the estate of deceased Panna Lal. The said applicant was made a party, to the petition as one of the respondents who filed a separate written statement claiming 1/5th share of the estate of deceased Panna Lal. On the pleading of the parties following issues were framed :-

(3.) Both the parties adduced the evidence in support of their claim. The finding of issue No. 1 was returned in favour of Gopal Krishan applicant holding him as son of Panna Lal and entitling him to 1/5th share in the estate of the deceased. While disposing of issue No. 2 the learned Sub Judge observed that relinquishment of claim by the respondent Nos. 2 to 4 in favour of Baldev Krishan can be hit by so many laws e.g. Gift Act and It can create many complications. Therefore, it will be in the fitness of things that succession certificate should be issued in favour of Baldev Krishan, respondent Nos. 2 to 4 and Gopal Krishan in accordance with their share in the estate of the deceased. Resultantly, the succession certificate was issued in favour of Baldev Krishan. the petitioner and respondent Nos. 2 to 4 in equal share i.e. 1/5th each.