LAXMINARAYAN Vs. GANESHMAL

JUDGEMENT

(1.) This appeal has been filed by the appellant, against the order of the learned District Judge, Churu, passed on the application filed on 25-8-1992, under Section 383 of the Indian Succession Act, revoking the Succession Certificate dt. 14-7-1992, granted in favour of the present appellant.

(2.) The facts as appearing from the impugned order are, that late Shri Phoos Das Swami was resident of Sardar Sahar, who had made a Fixed Deposit in the State Bank of Bikaner and Jaipur, Branch Sardar Sahar, for the sum of Rs. 30,000/- vide Fixed Deposit Receipt 34843, which was to mature on 26-9-1992, the original receipt was given to the present respondent. Likewise, the deceased had one Saving Bank Account No. 5095, having balance of Rs. 3750.16, and he was having original Pass Book. It was also alleged, that the present respondent was the adopted son of Phoos Das, and he is the real son of the elder brother of the deceased and that the wife of Phoos Das and the applicant's (present respondent) mother are real sisters. Continuing the allegations, it was alleged that the present appellant obtained an ex parte Succession Certificate without even mentioning the applicant's relation, and forcibly took over the possession of the house, and also instituted a separate proceedings for possession. Inter alia, on these applications it was prayed that the Succession Certificate granted be revoked, and present appellant be prosecuted by taking necessary proceedings under Section 195, Cr. P.C.

(3.) This application was contested. The parties led evidence, and the learned trial Court, vide impugned Judgment dt. 12-2- 1999, allowed the application, and revoked the Succession Certificate, and declared the present respondent, to be the heir of the deceased Phoos Das, for the purpose of receiving the amount of Fixed Deposit, and the amount lying in the Saving Bank Account.