This appeal, preferred under Section 96 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 24.01.2002, passed by Addl. District Judge/III F.T.C., Dehradun, in Original Suit No. 01 of 1998, whereby the petition for grant of succession certificate filed by the appellant was dismissed (The application for grant of succession certificate, when contested seriously, was registered as suit by the trial court).

2. Heard learned counsel for the parties and perused the record.

3. Brief facts of the case, giving rise to this appeal, are that Sardar Gurdeep Singh Dhillon whom the parties are related died on 24.09.1977, at Dehradun. The pedigree by which the parties are related to each other, is as under :

It is alleged by the appellant that S. Gurdeep Singh Dhillon used to live ordinarily at 156, Rajpur Road, Dehradun. The case of the appellant is that after the death of S. Gurdeep Singh Dhillon, a family arrangement took place on 09.01.1982, about his property situated in Delhi {Flat No. R-791 (ground floor), New Delhi} which came in the share of the appellant No. 1. The said flat is under tenancy of Union of India through Military Estate Officer. When the appellant No. 1 claimed rent from the said tenant, she was asked to obtain succession certificate. Hence, the application was moved under Section 372 of the Indian Succession Act, 1925, before the District Judge, Dehradun, for grant of succession certificate of said property.]

4. The respondents Sawinder Kaur Dhillon and Jagjit Kaur contested the application for grant of succession certificate and filed their objections in which they alleged that though S. Gurdeep Singh Dhillon died at Dehradun on 24.09.1977, but he was resident of Amritsar, as such, the court at Dehradun had no jurisdiction to entertain the petition/suit for grant of succession certificate in respect of property situated at Delhi. The two respondents specifically denied having entered into alleged family arrangement dated 09.01.1982. It is specifically stated by them in their objections that property flat No. R-791 (ground floor) New Rajender Nagar, New Delhi, never fallen in the share of the appellant No. 1. It is further alleged by the two respondents that the appellant No. 1 has concealed Will dated 04.06.1976 executed by S. Gurdeep Singh Dhillon before his death by which he bequeathed property situated at Dehradun in favour of the appellant No. 1, and remaining property in favour of his two sons namely, Lt. Col. Harbhajan Singh and S. Mohinder S. Dhillon. After death of S. Mohinder Singh Dhillon, his share was inherited by respondents Smt. Jagjit Kaur and her children namely, Smt. Kawalinder Kaur and Ruby Gill. After death of Lt. Col. Harbhajan Sindh Dhillon his share was inherited by his widow respondent Sawinder Kaur and his son Col. Surjeet Singh Dhillon and two daughters namely, Sukhbhajan Kaur and Smt. Indrajeet Kaur. Also, the share of predeceased son of S. Gurdeep Singh Dhillon was inherited by his widow Smt. Jatinder Kaur. The respondents in their objections pleaded that earlier, an application under Section 372 of the Indian Succession Act, 1925, was moved before Senior Sub Judge, Amritsar, which was registered as Case No. 05 of 1980 to which present appellant No. 1 was also a party. It is alleged that the appellant No. 1 has concealed said fact.

5. On the basis of the pleadings of the parties, the trial court framed following issues :

i) Whether, Sri Gurdeep Singh Dhillon was permanent resident of Dehradun, at the time of his death?

ii) Whether, all the heirs of the deceased have not been impleaded?

iii) Whether, any family arrangement took place on 09.01.1982 between the heirs of S. Gurdeep Singh Dhillon in respect of flat No. R-791 (ground floor), New Rajendra Nagar, New Delhi? If so, its effect?

iv) Whether, there is no legal impediment in granting succession certificate in favour of the applicant?

v) Whether, this court has no jurisdiction to try the case