BHANWAR LAL Vs. SANTARA AND ORS.

JUDGEMENT

(1.) FOR the reasons mentioned in the application for early hearing, the application is allowed and the matter heard. This civil misc. appeal under Sec. 384 of the Indian Succession Act, 1925 (hereinafter 'the Act of 1925') has been filed against the order dt. 17.4.2002 passed by the District Judge, Sikar (hereinafter 'the court below') on the appellant -applicant's (hereinafter 'the applicant') action taken under Sec. 372 of the Act of 1925 whereby a certificate of succession was sought along with Smt. Santara the respondent non applicant (hereinafter 'the non applicant') in respect of the movable properties of the deceased Bhanwar Lal. By the impugned order dt. 17.4.2002 the court below held that the applicant did not have even an iota of case to the succession certificate as claimed.

(2.) THE applicant's case was that he was the adoptive son of one Bhaguram -an employee of the Indian Railway who had died in harness on 13.4.1996. It was stated that the deceased Bhaguram had a natural born daughter Smt. Santara through his wife Smt. Prabhati Devi. Prabhati had however left Bhaguram about 20 years prior to his death and her whereabouts since not known. It was prayed that consequently a certificate of succession be issued in favour of the applicant Bhanwar Lal himself and Smt. Prabhati Devi holding each entitled to 50% share in the movable assets of the deceased. The Officers of the Northern Railway, Bikaner were impleaded as other defendants in the proceedings apparently for the reason that they were holding the retiral benefits of the deceased Bhaguram.

(3.) ON the basis of pleadings of the parties, the trial Court framed three issues which are reproduced hereunder: