LAKHAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) In land Acquisition Case No. 64 of 1966, an award was passed by the land Acquisition Judge in favour of two persons, Somar Mahto and Lakhan Mahto. The State Government deposited the compensation money. Somar Mahto, one of the awardees, died; and his widow made an application for being substituted in place of Somar Mahto and for permission to withdraw the compensation money in deposit. A joint application by Lakhan Mahto and the widow of Somar Mahto for payment was also filed in proper form. By the impugned order, the court below has disallowed the prayer of the widow of Somar Mahto to be substituted in his place on the ground that the award amounts to a decree; and, after an award had been passed there was no question of any substitution. Her prayer for the withdrawal of the compensation money in deposit has been refused on the ground that she did not produce a Succession Certificate as required by Section 214 of the Indian Succession Act (hereinafter referred to as 'the Act'). Being aggrieved by the said order, Lakhan Mahto and the widow of Somar Mahto have preferred this application under Section 115 of the Code of Civil Procedure.

(2.) Mr. Mundrika Prasad Sinha, appearing for the petitioners, has not challenged that part of the order of the Court below by which it has refused the prayer of the widow of Somar Mahto for substitution in place of her deceased husband; but he has contended that Section 214 of the Act was not applicable to this case and the prayer for withdrawal of the compensation money in deposit should not have been refused on that ground.

(3.) Section 214 (1) of the Act runs as follows: