ASHOK KUMAR Vs. HEMRAJ

JUDGEMENT

(1.) The appellants filed this appeal challenging the judgment dated 4th Nov., 1995 delivered in Civil Misc. Case No. 27/91 by the District Judge, Balotra.

(2.) The facts of the case are that applicants-respondents submitted an application under Section 372 of the Indian Succession Act for getting succession certificate for the properties of deceased Gangaram s/o Lakhmi Chand, who died at Barmer on 3rd Dec., 1990. According to respondents-applicants Gangaram died on 3rd Dec., 1990 and Gangaram's wife died prior to Gangaram and there is no issue of deceased Gangaram and his wife. Applicants are sons of real sister of deceased Gangaram. The mother of applicants who was sister of deceased also died before Gangaram and, therefore, according to claimants they are the only successors to the property left by deceased Gangaram.

(3.) The non-applicants-appellants filed reply to the application under Section 372 and also submitted an application for grant of probate in the form of counter claim before the trial Court alleging that Gangaram had no wife or children leaving at the time of death of Gangaram and, thereafter, Gangaram's wife died even prior to death of Gangaram. It is also submitted by the appellants that Parvati the mother of the respondents, who were the applicants before the trial Court for grant of succession, was the real sister of deceased Gangaram but she died about 54-55 years ago. The appellants submitted that appellants were looking after deceased Gangaram and, because of some complaint, escheat proceedings were initiated in which possession of the properties was taken by the Tehsildar, Barmer from the appellants.