AJIT KAUR Vs. PUBLIC IN GENERAL

JUDGEMENT

(1.) The expression "ordinarily resided" appearing in Section 5 of the Succession Certificate Act, 1977 (for short Act of 1977) requires to be interpreted. Section 5 of the Act is reproduced as under:

(2.) The facts relevant for disposal of this appeal are that Appellants filed application for grant of certificate to enable them to collect the debts of late Suraj Singh being his legal heirs, before the court of ld District Judge, Srinagar. The application was heard and decided by Id first Additional District Judge Srinagar (for short the ld Judge). The ld judge vide its order dated 12th Dec. 2009 dismissed the application on the ground of lack of territorial jurisdiction. It is this order which is challenged in this appeal.

(3.) Late Suraj Singh belonged to Gulshanpora Tral and passed away on 3rd May 2009 at Jammu. Late Suraj Singh was working in Steel Authority of India at Jammu. At para 3 of the application, the Appellants pleaded that the "ordinary residence" of the deceased at the time of his death was 254-Jawahir Nagar Srinagar. It was also pleaded that late Suraj Singh died at Jammu as he was stationed there because of being posted there. It was also pleaded that Appellant No. 1 is the widow of the deceased while as Appellant No. 2 is his only daughter. The claim in respect of debts and securities was laid on the ground that as the deceased was working with Steel Authority of India at Jammu and died during harness so Appellants are entitled for grant of Succession Certificate for collection of