NAZIM ANSARI Vs. UMESH KUMAR MINJ

JUDGEMENT

(1.) This Revision Petition has been preferred by Non-applicant No.1 Nazim Ansari under Section 384(3) of the Indian Succession Act, 1925 ((hereinafter referred to as 'the Act, 1925') questioning the legality and propriety of the order dated 17.07.2019 passed by the District Judge Ambikapur (C.G.) in Miscellaneous Civil Appeal No.35/2018, whereby the learned District Judge while affirming the order dated 11.09.2018 passed by the First Civil Judge, Class I, Ambikapur has dismissed the appeal. The parties to this petition shall be referred hereinafter as per their description in the trial Court.

(2.) Briefly stated the facts of the case are that one Dayamani Minj, who was working as a Headmaster in Government Primary Girl's School, Batwahi Region, South Dhorpur, died in harness on 30.11.2011.

(3.) On account of the death of said Dayamani Minj, her brother Umesh Kumar Minj (Original Applicant), being her nominee, approached the District Education Officer, Ambikapur for obtaining the gratuity amount, leave encashment amount and for the amount of life insurance in the nature of death benefits of his deceased sister, where a dispute was raised by Non-applicant No.1 Nazim Ansari. Owing to which, he was directed by the said District Education Officer to produce the succession certificate. The Applicant (Umesh Kumar Minj) was, therefore, constrained to move an application for grant of succession certificate under Section 372 of the Act, 1925 in respect of the deceased gratuity amount of Rs.4,30,836/-, leave encashment of Rs.2,46,192/- and for life insurance fund of Rs.1,50,000/-. It is pleaded in the application that his deceased sister during her lifetime had declared him as her nominee, and therefore, he is entitled to get the succession certificate.