MATHURA PRASAD Vs. DURGAWATI

JUDGEMENT

(1.) THIS is an appeal from an order rejecting the application of the appellant for grant of a succession certificate under Act VII of 1889. The appellant in his application to the lower Court stated that the deceased Gaya Prasad in respect of whose estate the certificate was wanted was his brother and lived with him as a member of a joint undivided Hindu family. There were certain other allegations made in the application which need not be referred to.. The application was opposed and the learned Judge rejected it. No evidence was given by either side in the Court below in support of the allegations made in the application or in the Objections. The learned Judge in rejecting the application said that ho thought that the two brothers were separate and that one of the legatees under the Will of the deceased was a more likely person to apply for and to be granted a succession certificate. We do not think that there was any evidence before the learned Judge to enable him to come to a decision with regard to the character of the family of the appellant and his deceased brother Gaya Prasad. Taking the application as it stands we think that it must fail. If the appellant was joint with his brother Gaya Prasad, he, the appellant, has succeeded to the estate of the deceased by survivorship, and in such a case a certificate under Act VII of 1889 is unnecessary. The application, therefore, fails and the appeal is dismissed with costs including fees in this Court on the higher scale.