ALI MOHAMMAD KHUSRO Vs. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION INDUSTRIES
HIGH COURT OF ANDHRA PRADESH
ALI MOHAMMED KHUSRO
SPECIAL DEPUTY COLLECTOR LAND ACQUISITION, INDUSTRIES
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Obul Reddi, J. -
(1.) The only question that arises for determination in this civil miscellaneous appeal is whether the legal representatives of the deceased decree-holder (appellants) can execute the decree obtained by the deceased decree-holder in land acquisition proceedings awarding compensation in a sum of Rs. 3.61.816-75 to the claimant-decree-holder in respect of the lands acquired from her and the costs awarded to her under the said decree, without obtaining a succession certificate under S. 214 (1) (b) of the Indian Succession Act.
(2.) The facts necessary for determining the question involved are these : The Second Additional Chief Judge, City Civil Court, in O. P. No. 111 of 1966, by his judgment dated 25-9-1968, awarded compensation of Rupees 3,61.816-75 and costs of Rs. 2,002.00 to one Fareedunnissa Begum, the claimant in those proceedings. The Government deposited the compensation amount into Court, but she died before she could make an application for withdrawal of the amount. The present appellants filed an application. E. P. No. 24 of 1970, for recovery and withdrawal of the amount deposited by the Government. Their application was opposed by the government ((respondent) on the ground that they are not entitled to execute the decree without obtaining a succession certificate as required under Section 214 (1) (b) of the Indian Succession Act (hereinafter referred to as the Act). The case of the appellants before the Court below and here as well is that question of obtaining succession certificate does not arise as, under Mohammadan Law, they are entitled to the matruka of deceased and that, even otherwise, under Section 214 (1) (b), a succession certificate is necessary only if the decree had been obtained on the basis of a pre-existing debt and that this provision has no application to an amount of compensation payable under the provisions of the Land Acquisition Act. The Court below, on a consideration of the relevant provisions and the decisions cited before it, negatived the contention of the legal representatives of the deceased claimant and dismissed their application.
(3.) Mr. Gururaja Rao appearing for the appellant contended that the amount of compensation payable under Land Acquisition Act is not a debt so as to attract Section 214 (1) (b) of the Act and, therefore, the Court below went wrong in dismissing the application filed for withdrawal of the compensation amount in Court deposit:;
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