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1963 Supreme(Pat) 80

K.SAHAI
Ramji Sao – Appellant
Versus
Jageshwari – Respondent


Judgment

K.Sahai, J.

1. One Ganga Bishun had mukarrari interest in village Belkhara tauzi No. 13244, under Arwal Police Station of Jehanabad Sub-division. It appears that, on the vesting of the zamindari interest, a sum of Rs. 545.13 was fixed as the compensation for Ganga Bishuns mukarrari1 interest. He died on the 29th November 1956.

2. Krishna Gopal (respondent No. 2), who is a son of Musammat Jageshwari (respondent No. 1), applied, under Sec.372 of the Indian Succession Act (hereinafter referred to as the Act), for grant of a succession certificate for the amount mentioned above on the allegation that he was the nearest heir of Ganga Bishun. Nepur Kuer (appellant No. 4) is the mother of the first three appellants. They filed applications, under Order 1, Rule 10 of the Code of Civil Procedure, for being added as objectors to the succession certificate case. Their prayer was allowed by an order dated the 10th November, 1959. On the 13th May, 1961, Jageshwari Kuer (respondent No. 1) filed a petition to be added as a petitioner. That petition was allowed on that very date, and she was added as a petitioner.

The appellants case in the Court below was that Jageshwari Kuer was not the




















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