SUMER CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by one Sumer Chand against an order of the District Judge, balotra refusing to grant Letters of Administration of certain properties which were in the possession of Kanmal and his widow Smt. Shanta.

(2.) ONE Fatendra Suri was the Yati of a Jain Upasara. He had two disciples Himmat mal and Nemichand. On the death of Fatendra Suri, Himmatmal succeeded him. Kanmal was the disciple of Himmatmal and succeeded him. Kanmal married Smt. Shanta after succeeding to the properties of the Upasara. Smt. Shanta was murdered on 4-4-1961 sometime after the death of Kanmal. After her murder, the present application for Letters of Administration was made by Sumer Chand who is a disciple of Nemichand, He claimed a right to succeed to the Upasara properties on account of being a disciple of Himmatmal's Gurubhai Nemichand.

(3.) THE application was opposed by the State on the ground that Kanmal ceased to be a Yati on his marriage to Smt. Shanta and succession to Kanmal thereafter was governed by the Hindu Succession Act, 1956 and Sumerchand not being an heir of kanmal or Smt. Shanta under the Act, is not entitled to succeed to their properties. This objection was upheld by the learned District Judge.