Vide order dated 02-01-2020, this court had required the learned counsel for the appellant to address on the maintainability of the petition regarding the territorial jurisdiction of this court since the property for which this petition has been filed, is situated in the state of Maharashtra.
Subsequently, vide order dated 17-02-2021, this court has recorded the statement of the District Magistrate, Sultanpur that an enquiry was conducted and it was found that Syed Mohd. Shah, son of Late Abdul Hamid Kadri did not reside in village-Malikpur Bakhara, post Aheda, Pargana Aldemau, Tehsil-Jaisinghpur, District-Sultanpur.
The affidavit of the District Magistrate, Sultanpur dated 17-02-2021 alongwith the report dated 20-01-2021 are on record, which indicate that an enquiry has been conducted in which it was found that Syed Mohd. Shah was not the resident of the place indicated in the petition.
Learned counsel for the petitioner has placed reliance on section 270 of the Indian Succession Act,1925 to submit that even if the property in question is situated outside the state of Uttar Pradesh, petition would be maintainable before this court since the fixed place of abode of the testator was within the territorial jurisdiction of this court.
Learned counsel for the petitioner has drawn attention of this court to the Rejoinder Affidavit dated 08-10-2021 to submit that copies of various documents have been annexed with the Rejoinder Affidavit to substantiate that Syed Mohd. Shah, son of late Abdul Hamid Kadri was the resident of the place indicated in the memorandum of the petition, as such, it is submitted that the report submitted by the District Magistrate,Sultanpur is contradictory to the evidence indicating the place of abode of the testator to be district-Sultanpur.
Considering the documents annexed with the Rejoinder Affidavit, which although are only the photocopies, but, do prima-facie make it appear that the testator was resident of district-Sultanpur in the State of Uttar Pradesh. The report of the District Magistrate, Sultanpur dated 20-01-2021 does not take into account the aforesaid documents.
In view of the aforesaid, the District Magistrate, Sultanpur is directed to re-enquire into the permanent place of abode of Syed Mohd. Shah, Son of late Abdul Hamid Kadri in the light of the documents annexed to the Rejoinder Affidavit.
Copy of the Rejoinder Affidavit alongwith its enclosures shall be supplied by the learned counsel for the petitioner to learned State Counsel for communicating to the District Magistrate, Sultanpur for furnishing a fresh report with regard to place of abode of Syed Mohd. Shah, son of late Abdul Hamid Kadri.
The District Magistrate, Sultanpur shall submit his report before this court through the office of the Chief Standing Counsel by 29-11-2021. He shall also furnish a report with regard to genuineness of the documents indicating the place of resident of Syed Mohd. Shah annexed to the Rejoinder Affidavit.
List this case in the week commencing 06-12-2021.
Office is directed to supply the copy of the earlier report of the District Magistrate, Sultanpur dated 20-01-2021 to the learned counsel for the appellant on payment of usual charges.
Order Date :- 22.10.2021 AKS