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2009 DIGILAW 1688 (PNJ)

Swami Parkash Muni Ji v. General Public

2009-09-24

SHAM SUNDER

body2009
Judgment Sham Sunder, J. 1. This revision-petition is directed against the order dated 28.04.2003, rendered by the Court of Civil Judge (Senior Division), Ambala, vide which the application under Sections 373 and 375 of the Indian Succession Act, 1925 (amended up-todate) for the grant of succession certificate to the petitioner, was dismissed and the judgment dated 04.10.2004, rendered by the Court of Additional District Judge, Ambala, vide which it dismissed the appeal. 2. ZThe facts, in brief, are that, the petitioner claimed himself that he was Mohtmim of Thakurdwara Udassin Faquirian, situated at village Boh, and in that capacity, was in possession of the movable and immovable properties of the said Thakurdwara. It was stated that, he in the capacity of Mohtmim, was also entitled to succession certificate of the amounts, deposited with the financial institutions, by Baba Pritam Dass, who was Mohtmim of the Thakurdwara and died on 14.11.1983. It was further stated that though the amount was deposited in the name of Baba Pritam Dass, yet the source of income was the property of Thakurdwara. The petitioner, thus, applied for issuance of succession certificate, but that application was dismissed. 3. Feeling aggrieved, an appeal was, preferred, which was dismissed by the Court of Additional District Judge, Ambala, vide judgment dated 04.10.2004. 4. Feeling dissatisfied, the instant revision petition, has been filed by the revision-petitioner. 5. I have heard the Counsel for the revision petitioner, and have gone through and perused the evidence and.record of the case, carefully. 6. The Counsel for the revision-petitioner, submitted that Baba Pritam Dass was originally Mohtmim of Thakurdwara, referred to above. He further submitted that when he became an ascetic/Mohtmim, his connection with his natural, family, and existing property rights, stood extinguished. He further submitted that if he acquired any property subsequent to his becoming an ascetic, such property passes on his death, notto his natural but to his spiritual heirs. He further submitted that there was no material, on the record, to the effect, that after Baba Pritam Dass, became Mohtmim of the said Thakurdwara, he had got any individual property and was drawing income therefrom. He further submitted that there was no material, on the record, to the effect, that after Baba Pritam Dass, became Mohtmim of the said Thakurdwara, he had got any individual property and was drawing income therefrom. He further submitted that the amount from the income of the property of Thakurdwara, which was deposited by Baba Pritam Dass, in the Banks, in his name, was actually the property of the said Thakurdwara and, as such, succession certificate in respect thereof, was required to be granted, in favour of Mohtmim of the said Thakurdwara, which was appointed by the Bhekh on his death. He further submitted that the Courts below were wrong, in holding that the amount, deposited in the Banks, by Baba Pritam Dass, was not in the capacity of Mohtmim of the said Thakurdwara, but in his individual capacity, and, as such, it was his individual property. He further submitted that both the Courts below illegally dismissed the application, for the issuance of succession certificate. He further submitted that the orders of the Courts below, being illegal, were liable to be set aside. 7. After giving my thoughtful consideration, to the contentions, raised by the Counsel for the revision-petitioner, in my considered opinion, the revision- petition is liable to be accepted, for the reasons to be recorded hereinafter. Admittedly, Baba Pritam Dass was the Mohtmim of Thakurdwara, referred to above. After his death, Swami Parkash Muni Ji Chela Swami Shankara Nand Ji was appointed as Mohtmim of Thakurdwara. The question, that falls for determination, is, as to whether the amount, in question, in respect whereof the succession certificate was, sought, by the petitioner, belonged to the Thakurdwara or to Baba Pritam Dass, in his individual capacity. Parkash Muni Chela, while appearing as PW1, in clear-cut terms, stated that Baba Pritam Dass was the earlier Mohtmim of the Thakurdwara. He further stated that, whatever, the amount was received by him, in the capacity of Mohtmim, being the income of the property of the Thakurdwara, he deposited the same in the Banks, in the shape of FDRs. Mahant Rajinder Dass Chela, (PW-2), also stated that the amount deposited in the Bank by Baba Pritam Dass was not his individual property, but it related to the income, which was from the property of the Thakurdwara. Chhaju Singh, (PW-3) and Rajiv Gupta, (PW-4) also made similar statements. Mr. Mahant Rajinder Dass Chela, (PW-2), also stated that the amount deposited in the Bank by Baba Pritam Dass was not his individual property, but it related to the income, which was from the property of the Thakurdwara. Chhaju Singh, (PW-3) and Rajiv Gupta, (PW-4) also made similar statements. Mr. B.R. Punia, Agricultural Assistant of the Indian Bank, (PW-5), where the amounts were deposited, in the shape of FDRs, deposed with regard to the deposit of amount by Baba Pritam Dass. Notice of the succession application, was given to the General Public, but none appeared to contest the same asserting that the amount, deposited in the Banks in the name of Baba Pritam Dass as Mohtmim, was his individual property, and not the property of Thakurdwara, aforesaid. According to Para 7.21 under the heading V. "Property of Ascetics" on the Hindu Law of Religious and Charitable Trust, Tagore Law Lectures by B.K. Mukherjea, Fifth Edition, when a layman becomes an ascetic, his connection with his natural family, and existing property rights extinguished. If he acquires any property, subsequent to his becoming an ascetic, such property passes on his death not to his natural, but to his spiritual heirs. The above discussed evidence, clearly showed, that the amount deposited, in the Bank, by Baba Pritam Dass was not his individual property, but was the property of Thakurdwara. As stated above, no evidence was led to the contrary, by any person by appearing from the general public. There is no evidence, on the record, that after Baba Pritam Dass became ascetic, he was having his individual property, drawing any income from the same and had deposited the same in the aforesaid Bank, in respect whereof they succession certificate was sought. From the evidence, on record, and from the proved facts and circumstances, it was established that the amount, which was deposited by Baba Pritam Dass as Mohtmim, in the Bank, in the shape of FDRs, was not his individual property, but was from the income of the property of the Thakurdwara. Under these circumstances, after his death that property was to be succeeded by the Mohtmim, appointed by the Bhekh, and, as such, the petitioner wa& entitled to the issuance of succession certificate, in respect of the aforesaid amount, as Mohtmim of the Thakurdwara, referred to above. Under these circumstances, after his death that property was to be succeeded by the Mohtmim, appointed by the Bhekh, and, as such, the petitioner wa& entitled to the issuance of succession certificate, in respect of the aforesaid amount, as Mohtmim of the Thakurdwara, referred to above. The Courts below, were wrong, in coming to the conclusion, that the amount, deposited in the Bank, in the shape of FDRs, by Baba Pritam Dass was his individual property. The mere fact that the name of Thakurdwara was not written in the account opening form did not convert the amounts deposited/in the Bank, into his individual property. The orders of the Courts below, thus, suffer from illegality, and perversity, warranting interfer ence of this Court, in its revisional jurisdiction, under Article 227 of the Constitution of India. The orders impugned are, therefore, liable to be set aside. 8. For the reasons recorded above, the petition is accepted. The order dated 28.04.2003, rendered by the Court of Civil Judge, (Senior Division), Ambala, and the judgment dated 04.10.2004, rendered by the Court of Additional District Judge, Ambala, vide which the appeal was dismissed, are set aside. The application for the issuance of succession certificate is accepted. The trial Court is directed to issue the succession certificate, after the completion of formalities, in accordance with the provisions of law. Petition accepted.