AIR 1964 PATNA 272

Patna High Court

Hon'ble Judge(s): K. Sahai , J

(A) Succession Act (39 of 1925) , S.214(2), S.372(1)(f)— compensation money payable under Bihar Land Reforms Act is a debt - Legal heirs of deceased intermediary entitled to succession certificate in respect of it. Compensation money payable to a deceased intermediary, under the Land Reforms Act, in lieu of the immovable property held by him, is a debt in respect of which his heirs are entitled to a grant of succession certificate. The compensation money is an ascertainable sum @page-Pat273 and it has all the attributes of a debt AIR 1937 Pat 617 and AIR 1938 Pat 68 and AIR 1940 Mad 590, Disk; AIR 1933 Cal 841 and Misc. Appeal No. 56 of 1959, D/-02-05-1963 (Pat) Rel. on.(Para 5 9) It is not correct to say that the compensation money amounts really to profits payable in respect of land with in the meaning of S. 214(2). The compensation is not in lieu of profits arising from land but it is the amount payable for the vesting of the Zamindari interest itself.(Para 10) (B) Succession Act (39 of 1925) , S.384(3)— Civil P.C. (5 of 1908) , S.141— Grant of succession certificate - Procedure - Provisions of Civil P.C. applicable. The provisions of the Civil P.C. relating ....