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1970 Supreme(Pat) 170

SHAMBHU PRASAD SINGH
Lakhan Mahto – Appellant
Versus
State Of Bihar – Respondent


Judgment

Shambhu Prasad Singh, J.

1. In land Acquisition Case No. 64 of 1966, an award was passed by the land Acquisition Judge in favour of two persons, Somar Mahto and Lakhan Mahto. The State Government deposited the compensation money. Somar Mahto, one of the awardees, died; and his widow made an application for being substituted in place of Somar Mahto and for permission to withdraw the compensation money in deposit. A joint application by Lakhan Mahto and the widow of Somar Mahto for payment was also filed in proper form. By the impugned order, the court below has disallowed the prayer of the widow of Somar Mahto to be substituted in his place on the ground that the award amounts to a decree; and, after an award had been passed there was no question of any substitution. Her prayer for the withdrawal of the compensation money in deposit has been refused on the ground that she did not produce a Succession Certificate as required by Sec.214 of the Indian Succession Act (hereinafter referred to as the Act). Being aggrieved by the said order, Lakhan Mahto and the widow of Somar Mahto have preferred this application under Sec.115 of the Code of Civil Procedure.

2. Mr. Mundrika Prasad









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