KHURSHID AHMAD Vs. MOHD BASHIR AHMAD

JUDGEMENT

(1.) THIS is a revision petition is directed against the orders dated 10 -11 -1969 and 15 -12 -1969 passed by the District Judge Srinagar assuming jurisdiction proceedings under Succession (Property Protection) Act of 1977 (hereinafter called the Act) and appointing a curator under Section 4 of the Act.

(2.) ON an application made by the present respondents under Sections 1 and 3 of the Act that Kh. Mohd. Maqbool the decreased had left huge movable and improperly and that the respondents were his heirs and that the present petitioners before this court were misappropriating the property changing its condition and intending to forcibly deprive the respondents from enjoying the fruits of inheritance, the learned District Judge after recording his satisfaction that there were strong grounds for proceeding and determining the rights summarily under the Act issued notices to the petitioners, and with a view to preserve the property from being misappropriated appointed a curator under Section 4 of the Act. The petitioners appeared before the District Judge and by means of a petition challenged the jurisdiction of the court to take cognizance of the matter. The application was disposed of by the learned District Judge on 15 -12 -1969. The court rejected the request and it held that it had assumed jurisdiction after being satisfied of the existence of the circumstances and requirements envisaged under Section 3 of the Act. Aggrieved by these two orders the respondents in the main petition have come up in revision before this court.

(3.) A preliminary objection has been raised by Mr. S. L. Kaul counsel for the respondents in the revision petition that no revision is competent inasmuch as the Judge of the court of the District who has to take cognizance of an application under Section 1 of the Act is not sitting as the Presiding Officer of a civil court but he functions only as a persona designata. Where a person discharges his functions as persona designata his orders are not amenable to the revisional jurisdiction of the High Court under Section 115 of the Civil Procedure Code.