SWAYAM PRAKASH SWAMI Vs. JAGDISH

JUDGEMENT

(1.) Appellant-applicant Swayam Prakash Swami preferred this misc. appeal assailing the impugned order dated 03.05.2005 passed by learned District Judge, Tonk in I.S.A. No. 51/2002 whereby learned Court below dismissed the application submitted by appellant-applicant under section 372 of Indian Succession Act.

(2.) The brief facts of the case are that the appellant-applicant submitted an application before the learned District Judge, Tonk for grant of succession certificate in respect of various amounts deposited by deceased Shri Manohar Das Nihang Dadupanthi chela of late Shri Purushottam Das. The details of which was given in the application. The appellant-applicant in his application stated that Shri Manohar Das chela of Late Shri Purushottam Das has expired on 20.6.2002 and before his death deceased-Shri Manohar Das had executed a will dated 5.2002 in the presence of witnesses namely Madan Lal Sharma and Badri Das Swami. The will was executed by Shri Manohar Das also relates to his other properties apart from the Bank accounts/FDRs. It was pleaded in the application by appellant-applicant that Shri Manohar Das was unmarried throughout his life and the appellant is a sole legal representative and successor in the interest of Shri Manohar Das. Shri Manohar Das was in Government Service and he took voluntary retirement in the year 1977. The appellant-applicant rendered his services to deceased Shri Manohar Das and got him treated at various places including Mahaveer Cancer Institute and Monilake Hospital, Jaipur and bore the entire expenses of his treatment.

(3.) After the death of Shri Manohar Das, the appellant performed all the post funeral rites according to the custom prevalent in the community and the appellant was recognized as successor in presence of the Samaj of Dadu Panthi and other respectable members of the community and as per the custom the Chadar ceremony was also performed recognizing the appellant as successor of Late Shri Manohar Das. The appellant is, therefore, entitled to the grant of succession certificate for recovery of various amount deposited in the accounts/FDRs of the Bank which were in the name of Shri Manohar Das and detail whereof were attached with the application.