LIAQ RAM Vs. GENERAL PUBLIC

JUDGEMENT

(1.) Chhangi Devi, original appellant, filed an application No. 1 -S/2of 1993, before the District Judge, Solan, for grant of Succession Certificate under Section 372 of the Indian Succession Act, hereinafter referred to as The Act, for the debts due to deceased Sant Ram, son of the applicant, lying with the State Bank of India, Solan in terms of the following accounts: (a) Saving Bank Account No. 46/15805 for Rs. 8587.82 paise; (b) Saving bank Account No. 1543 for rupees 48,143.35/ -. (c) Fixed Deposit Receipt No. 338774 for rupees 75000/ -. Total Rs: 1,31,670/ -. The District Judge declined to grant the certificate. Dis -satisfied, Chhangi Devi preferred this appeal.

(2.) In order to appreciate the controversy, facts for the purpose of disposal of this appeal may be noticed thus: Sant Ram died intestate leaving behind his widow Shanti Devi, respondent No. 2, daughter Ms. Neelam respondent No.3, mother Smt. Chhangi Devi, (appellant -applicant) and a son Sunder Singh who died before the filing of the application for the grant of by the respondent s on grounds, inter alia : (i) Applicant is not mother of Sant Ram: (ii) Sant Ram had executed a will which is in possession of liaq Ram, (iii) Applicant Chhangi, in collusion with her son Liaq Ram taking undue, advantage of the minority of respondent Neelam withdrew Rs. 40,000/ - from the account of Sant Ram four or five days after his death and that rupees 40,000/ - is liable to be adjusted towards the share of Chhangi Devi if she is found to be entitled to the debts mentioned in the application.

(3.) Learned trial Judge settled the following issues: