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Kesho Ram Singh and anr. Vs. Musammat Ram Kunwar - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in5Ind.Cas.590
AppellantKesho Ram Singh and anr.
RespondentMusammat Ram Kunwar
Excerpt:
declaratory suit - right of suit--cause of action--succession certificate act (vii of 1889), section 8--certificate to recieve only interest in a deposit--suit for a declaration as to right to withdraw the money deposited. - .....amount and that she has no cause of action for this declaratory suit, inasmuch as the appellants have never denied her title. it was, however, due to the appellants' action in the succession certificate case, that limitations were placed upon the power of the lady musammat ram kuar to recover the deposit from the bank. we are of opinion that this order gave the lady a right to bring the present suit. we dismiss the appeal with costs, including in this court fees on the higher scale.
Judgment:

1. This second appeal arises out of a suit brought by Musammat Ram Kuar, widow of one Ram Bharosa Singh. It appears that at the time of his death, Ram Bharosa Singh had a sum of money in fixed deposit in the Allahabad Bank. After his death, his widow applied for a succession certificate enabling her to receive this sum of money. Notice was sent to the present defendants, who admittedly are the next reversioners to Ram Bharosa Singh. They, while not disputing the right of the lady, asked for an order protecting their reversionary interests. The District Judge at first asked Musammat Ram Kuar to give security, and upon her saying that she was unable to do so, he granted her a certificate under Section 8 of the Succession Certificate Act (VII of 1889) enabling her only to receive interest on the deposit. Musammat Ram Kuar then brought the present suit, asking that her title to this sum in deposit might be declared, that she might be granted a decree entitling her to withdraw this money, and that the order of the District Judge of Allahabad in the succession certificate case might be set aside. The Courts below have granted her the reliefs she claimed, with the exception that they declined to set aside the order of the District Judge. It is contended in appeal here that as the appellants had never denied the right or legal character of the respondent Musammat Ram Kuar, she was not entitled to a declaration of an abstract right. The contention is that the lady should have appealed from the order of the District Judge refusing her a certificate to realise the whole amount and that she has no cause of action for this declaratory suit, inasmuch as the appellants have never denied her title. It was, however, due to the appellants' action in the succession certificate case, that limitations were placed upon the power of the lady Musammat Ram Kuar to recover the deposit from the Bank. We are of opinion that this order gave the lady a right to bring the present suit. We dismiss the appeal with costs, including in this Court fees on the higher scale.


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