LAWS(PAT)-1985-4-31

RAM AYODHYA RAI Vs. STATE OF BIHAR

Decided On April 09, 1985
RAM AYODHYA RAI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE petitioner has filed the present writ application for quashing an auction sale held on April 11, 1980, in respect of plot No. 714, khata No. 83 of Mahalla Mandiri, Patna, in connection with a certificate proceeding which had been filed before the Certificate Officer, Patna, for realisation of Rs: 13,09,327 as estate duty from one Mosst. Barti Devi after the demise of her husband, Dwarka Mahto. THE said Dwarka Mahto died on April 12, 1965, leaving behind the aforesaid Barti Devi as his heir and legal representative.

(2.) THE certificate case in question was filed on November 1, 1969, notice thereof was served on Barti Devi, who appeared and filed her objection. Barti Devi died during the pendency of the certificate case. Before her death, she is alleged to have executed a deed of gift in favour of the petitioner in respect of properties which originally belonged to the aforesaid Dwarka Mahto. THE petitioner was substituted in place of Barti Devi, after her death, in the certificate case.

(3.) I agree.