LAWS(P&H)-2009-9-63

SWAMI PARKASH MUNI JI Vs. GENERAL PUBLIC

Decided On September 24, 2009
Swami Parkash Muni Ji Appellant
V/S
GENERAL PUBLIC Respondents

JUDGEMENT

(1.) THIS revision-petition is directed against the order dated 28.04.2003, rendered by the Court of Civil Judge (Senior Division), Ambala, vide which the application under Sections 373 and 375 of the Indian Succession Act, 1925 (amended up-todate) for the grant of succession certificate to the petitioner, was dismissed and the judgment dated 04.10.2004, rendered by the Court of Additional District Judge, Ambala, vide which it dismissed the appeal.

(2.) THE facts, in brief, are that, the petitioner claimed himself that he was Mohtmim of Thakurdwara Udassin Faquirian, situated at village Boh, and in that capacity, was in possession of the movable and immovable properties of the said Thakurdwara. It was stated that, he in the capacity of Mohtmim, was also entitled to succession certificate of the amounts, deposited with the financial institutions, by Baba Pritam Dass, who was Mohtmim of the Thakurdwara and died on 14.11.1983. It was further stated that though the amount was deposited in the name of Baba Pritam Dass, yet the source of income was the property of Thakurdwara. The petitioner, thus, applied for issuance of succession certificate, but that application was dismissed.

(3.) FEELING dissatisfied, the instant revision-petition, has been filed by the revision-petitioner.