ALOKE NATH DEY Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This appeal by leave has arisen from the impugned judgment and order dated 18.2.1999 passed by a Division Bench of High Court Division in First Appeal No. 19 of 1998 setting aside the judgment and order dated 5.1.1998 passed by the Subordinate Judge and District Delegate in Miscellaneous Case No. 121 of 1997 granting succession certificate to the appellant under Section 372 of the Succession Act.

(2.) The case of the appellant in short is that one Haladhar Chandra Dey, the proprietor of M/S. H. Dey Jewellers, a Jewellery shop situated in Khulna died in Calcutta on 4th June, 1970. His ordinary residence at the time of death was in the town of Khulna. He left behind 5 (five) sons of whom the appellant Aloke Nath Dey is the only one alive. The appellant is the only survivor and legal heir of the deceased. He was entitled to succession certificate of the debts and securities of the deceased Haladhar Chandra Dey. Deceased Haladhar Chandra Dey left no will and there was no impediment in granting succession certificate in favour of the appellant. The further case of the appellant is that during the war of liberation they left Khulna town and during that time Haladhar Chandra Dey left gold ornaments, silver ornaments and bronze ornaments as described in annexure 'A', 'B' and 'C' to the petition for succession certificate in the iron safe in the shop. All these ornaments were taken by police from his Jewellary shop vide G.D. entry No.279 of 1971 dated 8.4.1971 Mr. A.R. Bhuiyan, Magistrate, First Class, Khulna went to Kotwali police inventory of the ornaments as contained in Annexure-A to C to the petition for succession certificate. The ornaments so seized were kept in the State Bank of Pakistan in Khulna. The further case of the appellant is that some of those ornaments were mortgaged to "H. Dey Jewellers" by different customers on different dated for loans taken by them.

(3.) A petition for succession certificate was filed earlier as Miscellaneous Case No. 203 of 1981 but the same was withdrawn with permission to sue of terse. A fresh petition was thereafter filed with the prayer to grant succession certificate.