RAVINDER KUMAR Vs. KUNDAN LAL

JUDGEMENT

(1.) These two petitions are being disposed of by a common judgment as virtually identical questions of fact and law are involved in these petitions.

(2.) By means of this petition, the petitioner has laid challenge to the order dated 31.12.2007 whereby succession certificate in respect of Kisan Vikas Patras and saving bank accounts of late Smt. Rukmani Devi, widow of Jagan Nath was granted in favour of Sh. Kundan Lal, respondent No. 1. Admittedly, Kudan Lal was the nominee in the said Kisan Vikas Patras and saving bank accounts.

(3.) It would be pertinent to mention here that the petitioner Ravinder Kumar also filed proceedings in the Court of Civil Judge (Junior Division), Jawali for the grant of succession certificate in his favour qua the same Kisan Vikas Patras and saving bank accounts on the ground that Rukmani Devi had executed a Will in his favour. The contention of the petitioner was rejected and the succession certificate was granted in favour of Kundal Lal vide judgment dated 31.12.2007. The petitioner filed an appeal against the grant of succession certificate before the learned District Judge, Kangra at Dharmashala which appeal was withdrawn on 23.11.2008. Thereafter, the petitioner kept silent for almost one year and filed this petition in the year 2009 and the main ground of challenge is that the learned Civil Judge (Junior Division) had no jurisdiction to grant such a certificate.