The grant of a succession certificate under the Succession Act does not affect the rights of the Administrator-General under the Administrator-Generals Act and cannot be a ground for revocation of the Letters of Administration granted to him.

Untwalia, J.

1. This appeal under Clause 10 of the Letters Patent is directed against the judgment and order dated 8-9-1959, passed by Sahai, J., in Testamentary Case No. 8 of 1956, dismissing the application of the appellant to revoke the Letters of Administration granted to the Administrator-General and to grant them to her. The facts giving rise to the present appeal are shortly these : One Mahadeo Bania (Halwai) was living in a two-storeyed house in Jugsalai, a suburb of Jamshedpur town in the district of Singhbhum. He was living alone there for a considerable number of years, almost throughout his life. In October, 1951, he died an unnatural death, being murdered by some unknown person or persons. The property left by him was the house and the premises appertaining thereto. The Administrator-General of Bihar got information about his death, and he wrote a letter dated 19-12-1951, to the District Judge of Manbhum-Singhbhum at Purulia, asking for a report under Sec. 54 of the Administrator-Generals Act (Act III of 1913) and for his appointment under Sec.269 of the Succession Act to take possession of the properties left by the said deceased. He was directed by the learned District Judge to apply to the Subordinate Judge at Jamshedpur who had jurisdiction to deal with such matter occurring within his territorial jurisdiction. On the Administrator-Generals writing to the learned Subordinate Judge, he started Intestate Case No. 1 of 1952, the order sheet of which is Ex. 8 in this case. On 23-1-1952, he directed issue of general notice calling claimants, if any, to file their claims by 20-2-1952.

He also directed an enquiry by the Officer-in-charge of the Jugsalai Police Station. Before the general notice could be issued, or the report of the Officer-in-charge could be received, a person claiming to be Biharilal Bania filed a petition on 2-4-1952, in the Subordinate Judges Court at Jamshed- pur, He claimed the properties of Mahadeo Bania, the deceased. While the claim of the petitioner said to be Biharilal Bania was pending investigation, he (the claimant) died on 17-8-1952, and after his death one Mewalal, claiming to be the son of a deceased daughter of Bihari, filed a petition claiming the properties in question.

There was some correspondence in this regard between the Administrator-General and the Government Pleader at Jamshedpur. The learned Subordinate Judge also was informed of the position from time to time. Ultimately, the Administrator-General filed Testamentary Case No. 1 of 1953 in this Court for grant of Letters of Administration to him in respect of the estate of Mahadeo Halwai. This petition is Exhibit 1 in the record of this case. In the 12th paragraph of this petition it was stated that Mewalal, even according to the genealogy given by him, had no case, and in the 13th Paragraph it was asserted- "that the deceased Mahadeo Halwai had been living all alone and carrying on business at Jugsalai for over 25 years before his death. Your petitioner further understands from the statements of a number of persons made to and recorded by the aforesaid Assistant Mr. A. Rauf, who were tenants of the deceased Mahadeo Halwai and are still residing in the premises of the deceased that the deceased himself used to repeat off and on that he had no relations or heirs and no relative was ever seen by them to visit him, and no person claiming to be an heir of the deceased Mahadeo Halwai has ever approached any of them for any purpose."

This petition was filed on the 3rd of February, 1953. On the 13th of May, 1953, an objection petition (Exhibit 3) was filed on behalf of the opposite parties, namely, Mewalal, Fulkalia and others in Testamentary Case No. 1 of 1953. It would appear from the Vakalatnama (Exhibit E) filed in that case that all the opposite parties had appeared and filed the said objection petition through Shri Nripendra Nara-yan Roy, Advocate. Ramaswami, J. as he then was, granted the Letters of Administration b