( 1 ) THIS appeal has been filed against the order dated 28th February 1975 passed by the Additional District Judge, 1st Court Midnapore in Misc. Appeal No. 189 of 1974 reversing those of the learned Munsif, Jhargram in J. Misc. Case No. 79 of 1972 under Section 372 of the Indian Succession Act.

( 2 ) THE facts of the case may briefly be stated as follows:--

( 3 ) THE respondent filed an application under Section 372 of the Indian Succession Act for issue of Succession certificate. The respondent's case is that Dr. (Miss) Janaki Naidu, who was a lady doctor attached to Jhargram Sub-Divisional Hospital died at the said hospital unmarried on 19-3-1972. Dr. Naidu was a Hindu and she left the respondent who is her brother as her only heir. Dr. Naidu left some amount in the local Branch of the State Bank of India and the Jihargram Post Office Savings Bank. That the respondent being the sole heir of Dr. Naidu is entitled to apply for a succession certificate.

( 4 ) THE appellant contested the case by filing objection denying that the respondent was the only heir. It is his case that the applicant being a Christian cannot be an heir to a Hindu. His further case is th