Report No. 110

33.3. Recommendation to amend section 192.-

The term 'succession' in section 192 is not confined to intestate succession, but applies also to testamentary succession1-2. The provisions of section 192 are not, however, applicable to a case where the property passes by survivorship-as in the case of a joint Hindu family3.

It would be useful to codify judicial interpretation of the word 'succession' in section 192, by adding the words "testamentary or intestate" after the word "succession", wherever it occurs in the section. We recommend accordingly.

1. Binode Bhari v. Rai Sundari, AIR 1926 Cal 779.

2. Champi Devi v. Puran Bal, AIR 1934 Lah 930.

3. Bila Ditta v. Sahib Dival, AIR 1938 Lah 753.

33.4. Section 193-Inquiry made by judge.- Section 193 reads-

"193. The District Judge to whom such application is made shall, in the first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks necessary as to whether there is sufficient ground for believing that the party in possession or taking forcible means for seizing possession has no lawful title, and that the applicant, or the person on whose behalf he applies, is really entitled and is likely to be materially prejudiced if left to the ordinary remedy of a suit, and that the application is made bona fide."