(1.) This appeal has been preferred against the decision in Succession Case No. 12 of 1990 which was handed down by Sri Sohailur Rahman, 1st Additional District Judge, Darbhanga.
(2.) The respondents of this appeal had filed the aforesaid succession case for grant of Succession Certificate in their names upon the death of Sri Sardar Vidya' Singh, their brother, who was working as peon in the Health Department of Dalsingsarai Block. The deceased had died on 25th April, 1988, at Mohalla Kathalbar P.S. Lalit Narayan Mithila University, Darbhanga. The respondents claimed succession on the basis of their relationship with the deceased as full brothers. This Succession Certificate was contested by appellant Raj Kumar on the ground that the deceased was unmarried and he had adopted the appellant as his son. The Additional Judge, however, disbelieved the story of adoption and granted Succession Certificate in the names of the respondents.
(3.) The decision of the trial Court was challenged on the ground, inter alia, that the learned Additional Judge committed illegally in granting the Succession Certificate, without a proceeding apportioning the stores of the respective certificate -holders, it was submitted that the Succession Certificate should have been granted in the name of one person and shares of other claimants should have been mentioned in the certificate. This having not been done, the Succession Certificate was defective. The decision of the trial Court was further assailed on the ground that the evidence led on behalf of the appellant was misinterpreted and, hence, the trial Court committed an error in arriving at a just decision and so also the grant of certificate was an erroneous decision of the case.