GIRJA BAI Vs. SUKHBATI
LAWS(CHH)-2005-10-5
HIGH COURT OF CHHATTISGARH
Decided on October 19,2005

Girja Bai Appellant
VERSUS
Sukhbati Respondents

JUDGEMENT

V.K.Shrivastava, J. - (1.) This revision is directed against the order dated 23-7-2001 passed by the Second Additional District Judge, Baloda Bazar, Dist. Raipur, in Misc. Civil Appeal No. 12/2001 vide which the order passed by Civil Judge, Class I, Baloda Bazar, in Succession Case No. 6/99, dated 12-1-2001 has been modified and direction has been issued to issue succession certificate in the names of applicant No. 2 Narendra Kumar and non-applicant No. 2 Beneshwari.
(2.) On the death of Sitaram Verma, applicants filed an application under Section 372 of the Indian Succession Act for grant of succession certificate for receiving the amount left by the deceased Sitaram Verma, stating that the applicant No. 1 is the legally wedded wife and applicant No. 2 is the legitimate son of deceased Sitaram Verma. Non-applicants objected the application and claimed that they are the successors of the property left by the deceased Sitaram and also submitted that the succession certificate may be issued for half the amount in favour of the applicants as well for half the amount in their favour.
(3.) Both the parties adduced their evidence in support of their case. Learned Trial Court held that the non- applicant/Objector No. 1 is not the legally wedded wife of deceased Sitaram Verma and non-applicant/Objector No. 2 is not his legitimate child whereas applicant No. 1 is legally married wife of deceased Sitaram Verma and applicant No. 2 is his legitimate son, therefore, vide order dated 12-1-2001 ordered to issue succession certificate in favour of the applicants. Objectors being aggrieved with the order, preferred an appeal that has been registered as Misc. Civil Appeal No. 12/2001. Second Additional District Judge, Baloda Bazar, taking shelter of Section 16 of the Hindu Marriage Act, declared applicant No. 2 and non-applicant No. 2 to be the successors of deceased Sitaram Verma, therefore, vide impugned order ordered for issuance of succession certificate in favour of applicant No. 2 and non-applicant/Objector No. 2.;


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