MOOLI BAI Vs. DHAPI BAI

JUDGEMENT

(1.) THIS is an appeal by one Smt. Mooli Bai against the judgment of the District Judge, Jodhpur, dated 21. 11. 61, dismissing her application for a succession certificate.

(2.) THE facts giving rise to it are that the appellant presented an application under sec. 372 of the Indian Succession Act on 7. 9. 1959. It was averred by her that her mother Smt. Kesar widow of Ratanlal Tamboli died at Jodhpur on Phagun Sud 13, Smt. 2012, leaving no son behind her. She was survived by two daughters viz. the petitioner and one Smt. Dhapi Bai. She had given birth to one more daughter, namely, Chhoti, but she died in her lifetime leaving two sons Nena and Misria who are respondents in this appeal. It was stated by her that before her death her mother Smt. Kesar had executed a will on 19. 2. 56, bequeathing all her property in the petitioner's favour. THE petitioner went on to say that her mother had advanced a loan of Rs. 8,000/- to Abdul Hamid, Abdul Qadar and Abdul Jalil, who had executed a mortgage deed in her favour. THE mortgagors migrated to Pakistan and thereafter the competent officer Rajasthan, Alwar, ordered the mortgaged money to be given to her mother with interest. It was prayed that a succession certificate should be granted in the petitioner's favour to enable her to recover the said amount.