KADAR BUX AND ORS. Vs. YAKUB AND ORS.

JUDGEMENT

(1.) THE present appeal has been filed by the objector -Kadar Bux s/o Taiyab Ji against the impugned order dated 04.12.2010 passed by the learned Additional District Judge, Parbatsar allowing the application under Section 372 of the Indian Succession Act, 1925 (for short, 'the Act') filed by the sons of Mohd. Ayub, who is brother of the present appellant -Kadar Bux.

(2.) THE applicants were Mohd. Yakub, Mohd. Aslam and Mohd. Akram, all sons of Mohd. Ayub. The operative portion of the impugned order dated 04.12.2010 is quoted hereinbelow for ready reference: -

(3.) HAVING heard the learned counsel for the appellant, this Court is satisfied that no interference in the impugned order is called for, at the instance of the objector -appellant, inasmuch as his civil rights in the mining lease in question would depend upon the fate of the civil suit filed by him, as aforesaid. Such proprietary rights of the parties are not determined in the application under Section 372 of the Act, which only decides the right of succession of a person dying intestate under Section 372 of the Act. There is no dispute from the side of the appellant that all the three applicants are sons of Late Mohd. Ayub. On the basis of the said succession, the observations made in the impugned order for mutation entries in the mining lease does not affect the civil rights of the present appellant, as already stated above, will depend upon the fate of the civil suit filed by him. The decision of a coordinate Bench of this Court in Bhajan Lal (supra) relied by the learned counsel for the appellant is also not applicable to the facts of the present case, in which the appeal was dismissed by the coordinate Bench of this Court relying upon the provisions of Section 370 of the Act, which puts a restriction on the grant of succession certificate with respect to any 'debt or security', for which a letter of administration or probate has to be obtained under Section 212 or Section 213 of the Act, with an exception for the Indian Christians in the proviso of Section 370 of the Act. The said judgment is of little help to the present appellant. The present appeal is thus found to be devoid of any merit and the same is liable to be dismissed.