Point of Law: judgment and decree passed by the learned First Appellate Court having come to the conclusion that the proceedings for obtaining Succession Certificate was defective and the Certificate was obtained fraudulently and the said findings being causes as mentioned in Section 383(a) and Section 383(b) for revoking the Succession Certificate granted under the Act

JUDGMENT :

1. Heard learned Senior Counsel Shri Sudhir Nanavati for M/s. Nanavati & Nanavati for the appellant and learned Senior Counsel Shri Kirtikant S. Nanavati for M/s. Nanavati Associates for the respondent.

2. By way of present Second Appeal, the appellant challenges the judgment and order passed by the learned 5th Additional District Judge, Kheda at Nadiad in Regular Civil Appeal No.71 of 2019 dated 21.10.2019, whereby the judgment and decree passed by the learned Principal Senior Civil Judge, Kheda, in Civil Misc. Application No.282 of 2018 dated 03.04.2019 was set aside and consequently, the Succession Certificate issued in the name of the appellant – Maheshbhai Ramniklal Contractor vide judgment and order dated 20.04.2017 in Succession Application No.73 of 2016 passed by learned Principal Senior Civil Judge, Kheda at Nadiad, had been revoked.

3. Brief facts leading to the Second Appeal can be summarized as follow:

3.1 The appellant herein had preferred Succession Application No. 73 of 2016 before the learned Principal Senior Civil Judge, Kheda at Nadiad under Section 372 of the Indian Succession Act, 1925, inter alia contending that his parents Ramniklal Ishwarlal Contractor and Madhuben Ramniklal Contractor were residents of Nadiad town and they were owners of the movable property in form of shares and other immovable properties of which they were independent owners. It is stated that said Ramniklal Contractor had expired on 01.02.2002 at Nadiad and Madhuben Contractor had expired on 03.04.2006. It was mentioned that the appellant is a “straight line” legal heir of deceased Ramniklal Contractor and Madhuben Contractor and whereas they have left behind the properties mentioned at Schedule “A”. The appellant had thus sought for Succession Certificate since the deceased had died and whereas the appellant had also claimed that he had an agreement on Rs.10/- stamp paper signed by his parents. The appellant had also claimed that he had not made any application for grant of Succession Certificate before any other Court. The learned Civil Court had directed the applicant therein – appellant herein to have publish the public notice in the newspaper and it was done in the newspaper “Jay Hind” dated 22.10.2015. The applicant had also produced documentary evidence including xerox copy of the pedigree affidavit executed before a Notary at Exhibit 10, wherein the appellant had stated that he was the sole legal heir of the deceased Ramniklal Contractor and Madhuben Contractor. The learned Principal Senior Civil Judge, Kheda at Nadiad vide judgment and order dated 20.04.2017 after hearing learned Advocate for the appellant and after considering the documents on record had inter alia framed the following issues for determination, the chart showing issues and findings are reproduced herein below:

ISSUES

3.2 It would be pertinent to mention herein that learned Civil Court had come to a conclusion that the applicant therein – appellant herein was the sole heir of his parents. Ultimately, the learned Civil Court had been pleased to issue Succession Certificate in the name of the appellant herein for the purpose of transferring the shares of his parents in his name.

3.3 I