KAVITA Vs. TARA DEVI

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and decree, rendered on 10.04.2003, in Civil Appeal No. 25 -S/13 of 2002, by the learned District Judge, Shimla, H.P., whereby, the learned First Appellate Court dismissed the appeal, preferred by the plaintiff/appellant and affirmed the judgment and decree, rendered by the trial Court, on 28.02.2002.

(2.) THE plaintiff instituted a suit through her grand father -cum -natural guardian claiming herself to be the only surviving female child of her father late Shri Kanwar Singh besides, she claimed for rendition of a declaratory decree that deceased Kanwar Singh during his life time never contracted a second marriage with Tara Devi and the entries recording the solemnization of such marriage of the defendant with deceased Kanwar Singh, father of the plaintiff are illegal and liable to be quashed and set aside, besides relief for permanent prohibitory injunction for restraining the defendant/respondent herein for succeeding to the estate of deceased Kanwar Singh was prayed for. Further she prayed for relief of a decree for mandatory injunction to recover the amount of ex -gratia grant, leave encashment and GIS from the defendant as already defrayed to the defendant/respondent herein.

(3.) THE case of the plaintiff in the suit was that Kanwar Singh never married to any other woman after the death of Smt. Sushma, in the month of November, 1992. It was stated that name of defendant, Tara Devi as a widow of Kanwar Singh was wrongly recorded by Halqua Patwari in his report Rajnamcha No. 330, dated 13.7.1999 and it was sought to be declared that this report was wrong and illegal and likewise the legal heir certificate issued by Sub divisional Officer (Civil), Chopal, dated 13.8.1999, in which Tara was shown as a widow of Kanwar Singh, was also wrong and illegal. The plaintiff also prayed for a declaration that the payment of ex gratia grant, leave encashment and group insurance scheme to the defendant, Tara Devi was also wrong and illegal because defendant Tara Devi was never married with Kanwar Singh. The defendant was also sought to be restrained from claiming the property and terminal service benefits of Kanwar Singh by issuance of a prohibitory injunction.