LOUIS PASCAL DUMING JOHN Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This is a Reference under Section 18 of the Land Acquisition Act for the ascertainment of the correct amount of compensation payable in respect of the acquisition of the lands in this Reference. One Louis Pascal Duming John, hereinafter referred to as 'Louis', was the owner of the lands. On 7th January, 1964 an Award was made determining the compensation payable for this acquisition. On 24th January, 1964 possession was taken of the lands. On 4th February, 1964 Louis, being dissatisfied with the amount determined in the Award, made an application for a Reference under Section 18. The S.L.A.O. therefore made this Reference on 1st December, 1966. On 16th December, 1966 Louis died intestate, leaving him surviving twelve persons, being his widow, five sons and six daughters, as his only heirs and legal representatives. On the application of the said twelve persons an Order was made on 19th July, 1968 that the said twelve persons be brought on the record of this Reference in the place and stead of and as the heirs and legal representatives of the deceased Louis. In pursuance of that order, this Reference was duly amended on 26th July, 1968 and the said twelve persons were brought on the record as the only heirs and legal representatives of the deceased Louis. These twelve persons are the present claimants.

(2.) ON the evidence of Gregory Paul John, I am satisfied that Louis died intestate, that he died an Indian Christian and that the twelve claimants are his only heirs and legal representatives.

(3.) SECTION 214, in so far as it is material, reads as under : - 214. (1) No Court shall - (a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or, (b) ...except on the production, by the person so claiming, of - (i) a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, at, (ii) a certificate granted under Section 81 of section 32 of the Administrator -General's Act, 1913, and having the debt mentioned therein, or (iii) a succession certificate granted under Part X and having the debt specified therein, or, (iv) a certificate granted under the Succession Certificate Act, 1889, or (v) a certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first day of May 1889, having the debt specified therein. (2) ......