BUDHWANT KAUR Vs. RAWAT SINGH

JUDGEMENT

(1.) This is a Civil Misc.Appeal under S.384 of the Succession Act, 1925 against the judgement dated 26-4-1985 passed by the District Judge, Jhalawar in Civil Misc. Case No. 11/82, whereby the application of the appellant dated 11-4-1985 for issuing succession certification has been dismissed and the court-fee stamps submitted by him have been ordered to be refunded to the appellant.

(2.) Briefly stated the facts of this case are that on 6-7-1982 the appellant filed an application under S.372 of the Succession Act, 1925 (hereinafter referred to as 'the Act') in the court of learned Dist. Judge, Jhalawar with the averment that Shri Sardar Singh s/o Shri Karam Singh who was the husband of the appellant died in an accident. An application for grant of succession certificate was filed by the appellant and the non-petitioners sons and daughters of deceased Sardar Singh had raised no objection to the issue of succession certificate to her, which was regarding the working of mines and for receiving the income of the same and for applying the same for the maintenance, education and marriage of respondent No. 8. It was also averred in the application that the applicant will be entitled to get the leases of the above mines transferred in her favour from the Mining Department of Jhalawar and that the respondents will have no claim of succession in the said mines. After recording the evidence and observing all other necessary formalities, the learned District Judge vide its order dated 7-5-1983 found the appellant entitled to get the succession certificate prayed for by her and it was directed that on appellant's submitting estate duty clearance certificate, a succession certificate may be issued in her favour regarding the sand stone mines of all the four villages enumerated in para No. 1 of the application. In compliance of the above order, the appellant submitted necessary court-fee stamps, but since the succession certificate was not issued to her even thereafter, she filed an application on 11-4-1985 in the court of District Judge, Jhalawar for issuing the same. In the meantime the Presiding Officer of the Court had changed and after hearing the appellant's counsel the application dated 11-4-1985 was dismissed and it was ordered that the court-fee stamps submitted by her may be returned to her as no succession certificate could be issued to her. Learned District Judge vide its order dated 26-4-1985 opined that the leases of the mines do not fall under the definition of debt or security as defined in S.370 of the Act, and therefore, in spite of the order dated 7-5-83 of the same court, he did not deem it proper to issue succession certificate to the appellant.

(3.) I have heard learned counsel for both the parties and have also gone through the record of the case.