Abdul Gani Rasti vs Public at large and Others

Syed Bashir-Ud-Din, J.—In succession file 267 of 96, District Judge Srinagar on 22.05.2000 granted succession certificate to parents ,

widow and daughter of one Khuda Baksh Rasti. In the certificate proportions/ shares , in which these persons were entitled/ have right to get the

certificate under the J&K Succession Certificate Act , was also shown. Appeal u/s 19 of J&K Succession Certificate Act was filed in the High

Court. This Appeal is decided by the High Court on 26.4.2002 in terms confirming the order of Succession Certificate granted by the District

Judge to the parties in the ratio as indicated thereto.

Abdul Gani Rasti father of deceased Khuda Baksh Rasti, has filed this Review Petition in terms seeking review of the judgment/ order of this

court in CIMA No. 31/2000, referred herein above , on grounds stated in the Review Application. After hearing the Ld. Counsel for the parties

and on perusing the record, no ground for review much less good and cogent ground is made out. The Succession Certificate Court of District

Judge, Srinagar has on facts admitted and not opposed before him by the parties, held for purposes of right to Succession Certificate under the

Act, Qurat-ul-Ain, the only daughter of the deceased as born to Hajra from the deceased during the wedlock and has come to the conclusion that

for disposal of succession certificate proceedings it is sufficient to hold that the deceased was survived by his parents, minor daughter and the

widow who are entitled to receive the debts and securities left by the deceased. There is a clear finding on that count. This court while examining

the question in Appeal has also found that the order passed by the Trial Court is based on facts and evidence available on record within the

contours of prescribed summary proceedings in such matter as laid down by J & K Succession Certificate Act 1977 BK. And at the same time

leaving open the question whether Hajra was legally wedded wife or had been divorsed at the time when Khuda Baksh Rasti died. The Court has

powers to decide in summary manner the right to certificate and grant such certificate to the person(s) having prima facie case to claim the

certificate on establishment of right to such certificate.

It is not denied that proceedings in the succession application under the Succession Act and for appointment of guardian under Guardian and

Wards Act, were simultaneously pursued and the Court recorded vidence in the guardianship certificate. Both have been decided. The parties to

the succession certificate are parties to the Guardian and Wards application also. Both matters are interse and contested by the same parties. This

Court has referred to the Guardian and Wards file and the conclusion drawn by the District Judge therein. Even the District Judge while deciding

the right to certificate under the Succession Certificate Act has referred to the Guardianship file 182-G of 2000 for the purpose that Muneera

Begum ,the mother of the minor Qurat-ul-Ain has been appointed as Guardian of the minor daughter of the deceased Khuda Baksh Rasti. No

mistake or error apparent on the face of record or any other sufficient reason addendum generis / Analogous to the grounds prescribed under the

statutory provision qua review are noticeable in this case.

The Ld. Counsel for the petitioner has referred to Moran Mar Basselios Catholicos and anr vs. Most Rev. Mar Poulose Athanasius and ors

AIR 1954 SC 526. However, this authority has no parallel to the facts of this case, though the position of law so far as words any other sufficient

reasons occurring in Order 47, Rule l is concerned, is that such reasons have to be sufficient on specified grounds and in any case analogous to

those specified in Rule 1 of Order 47.

Bawa Ram Kamal Das Vs. Bodh Raj Gupta and anr AIR 1973 J&K 41 cited by the counsel is a Division Bench Judgment laying that the

Succession Certificate Court has to hold summary enquiry in order to determine the rights or the claim of person(s) to receive the Succession

Certificate under the Act and further to decide to whom the right to certificate is to be granted as between the applicant objectors and the

claimants. There can be hardly any dispute with regard to this preposition based as it is on reading of Section 7 of the J & K Succession Certificate

Act. While saying so, the Division Bench has also observed that even if the Succession Certificate Court is disable to decide the intericate

questions of law relating thereto, yet the Court is clearly empowered to grant the certificate between the petitioner and the objectors.

Viewed thus, the Review Petition is without merit and is dismissed. However, it be noted that the question whether Muneera Begum was legally

wedded wife of Khuda Baksh Rasti at the time of his death or not is still an open question though for purpose of the Succession Certificate and the

proceedings under Guardian and Wards Act, the finding of Succession Certificate court (District Judge ) is to be recorded as a final word on the

questions of right to get the Succession Certificate. Inform court below of this order. Send back record.

Disposed of.