SHAMBOO NATH KOUL Vs. MOTI LAL

JUDGEMENT

(1.) THIS Civil Misc. First appeal is directed against an order dated July 26, 1972, of the District Judge, Srinagar, rejecting the appellantâ„¢s application for issue of Succession Certificate purporting to have been made under Section 5 of the Succession Certificate Act on the ground that he had no jurisdiction to grant the certificate.

(2.) IT appears that the appellants filed an application for the aforesaid purpose in the court of District Judge, Srinagar, with the allegation that their father, Ram Chand Koul, died at Chenani which was the ordinary place of his residence A notice in regard to the application was issued by the District Judge to the respondent who appeared and stated that they had no objection to the issue of the Succession Certificate to the appellants. A notice inviting objections from the general public in regard to the grant of certificate was also published in the issue of "Nao Jeevan" dated 4 -7 -1972. No one, however, appeared to oppose the application in response to the said publication. The appellants then examined Dina Nath and Dwarka Nath and one of them namely Narindar Nath also appeared in support of the application as a witness. On a consideration of the material on the record, the learned District Judge came to the conclusion that he had no jurisdiction to grant the certificate.

(3.) APPEARING in support of the appeal Mr. Vaishnavi has submitted that the learned District Judge has erred in holding that he had no jurisdiction to grant the certificate. Elaborating his contentions the learned counsel has urged that since the property for which the certificate was applied for was within the jurisdiction of the District Court, Srinagar, it could not be held that the lower court had no jurisdiction to grant the certificate. For a proper appreciation of the point involved in this case it is necessary to refer to Section 5 of the Succession Certificate Act, 1977 (1920 A.D.) which runs as follows :