BAI NANDKORE Vs. MAGANLAL VARAJBHUKHANDAS SHAH

JUDGEMENT

(1.) In this case there was a contest between the claimants as to the right to a succession certificate in relation to a share belonging to a deceased testator. One of the claimants claimed as the heir of the testator s sister who, the other claimant said, had only a life-interest, and the other claimant claimed as remainder-man under the will upon the termination of the life-interest of that sister.

(2.) The Subordinate Judge decided in favour of the heir of the sister whereas the Judge with appellate powers, on appeal, decided in favour of the remainder-man.

(3.) The order granting the certificate was accompanied by a condition that security should be given, and upon the strength of the existence of that condition, it is contended before us that no appeal lay from the order of the original Court, In support of this contention the decision of this Court in Bai Devkore v. Lalchand Jivandas (1894) I.L.R. 19 Bom. 790 has been relied on.