PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 23.9.2003 passed by the 3rd Addl. District Judge, Patna in Revocation Case No. 81/2002 whereby he has set aside the order dated 22.3.2002 passed in Succession Case No. 116/2001 granting succession certificate to the appellant Kaushal Kumar in respect of a sum of Rs. 1,94,763/ - lying in deposit in the account of late Naulaso Kuer, wife of late Ramchandra Singh, Mohalla Salempur Dumra, Patna.

(2.) IT appears that after the death of the said Naulaso Kuer the appellant filed an application for grant of succession certificate in his favour in respect of the above amount. His case therein was that Ramchandra Singh, the husband of Naulaso Kuer had predeceased her. She died issueless. Ramchandra Singh had only one brother late Shivnath Singh, who had four sons including Saligram Singh and he is son of Saligram Singh. He performed the Sharadh of Naulaso Kuer as her grandson. Naulaso Kuer left behind Rs. 1,94,763/ - in her S.B. account in the State Bank of India, Raja Bazar. There is no other legal heir of Naulaso Kuer besides him and other near relatives named in the petition. Therefore, there was no impediment in granting succession certificate to him. In the petition it was also mentioned that the deceased was residing at Salempur Dumra and she died there and one Ram Kishore Prasad (respondent in this appeal) is tenant in the house of the deceased, who alone was present in the house at the time of her death and he removed all the papers relating to the aforesaid deposits.

(3.) THE appellant filed a rejoinder to the above revocation petition stating, inter alia, that Ram Kishore Prasad is a stranger to the family. He is not son of any sister of the deceased. He has not even mentioned the name of the sister of the deceased. He (appellant) is heir of husband of the deceased and was entitled to the amount. General citation was also made in the succession case, but nobody appeared to contest his claim. He performed the last rite of the deceased at Bansghat, Patna and obtained the death certificate. There is no ground to revoke the order granting succession certificate to him. It is also mentioned in the rejoinder that the deceased originally belonged to village Samsua, P.S. Belaganj, District Gaya, but in 1971 she shifted to Salempur Dumra and no one is alive in her maternal side.