KOSHILA DEVI Vs. PARVATI DEVI

JUDGEMENT

(1.) By virtue of an order dated 21st July, 1978 a learned single Judge referred this civil revision petition to a Division Bench for deciding the correctness of the judgment of H.L. Agrawal, J. in Smt. Dil Kuer v. Hari Chandar Prasad (AIR 1976 Pat 193). H.L. Agrawal, J. is of the opinion that the court shall grant probate or letters of administration provided the will is registered in view of Section 16 (2) (iii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962) (hereinafter to be referred to as the Act), H.L. Agrawal, J. is further of the opinion that the provisions of Article 254 (2) of the Constitution shall apply to the present case.

(2.) I respectfully disagree with the opinion of H. L. Agrawal, J. for the reasons mentioned below.

(3.) It is relevant to quote Article 254 (2) of the Constitution which runs as follows :--