RAMSUKHI BAI Vs. ONKAR BAI

JUDGEMENT

(1.) THIS Misc. appeal arises out of the judgment of the learned District Judge, Udaipur, dated 16. 1. 84, whereby the learned District Judge has accepted the application for grant of Succession Certificate, filed by respondent Smt. Onkar Bai & her daughters Smt. Sushila Devi and Smt. Kailash Devi and rejected the objection petition filed by Smt. Ramsukhi Bai. Smt. Ramsukhi Bai has therefore filed this appeal.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are that deceased Arjun Lal Badapaliwal, married Smt. Onkar Bai and out of that wedlock Onkar Bai gave birth to 2 daughters i. e. Smt. Sushila Devi and Smt. Kailash Devi. Smt. Ramsukhi Bai has admitted this position. She has, however, stated that she has contracted a Nata marriage with late Shri Arjunlal, almost 30 years prior to his death and, therefore, she is also his legally wedded wife. It is not disputed that Shri Arjunlal Badapaliwal has deposited a sum of Rs. 10,500/- with the Bank of Rajasthan Ltd. Clock Tower Branch, Udaipur, and obtained a fixed deposit receipt on 20. 4. 76, bearing No. 326191/ 195.

(3.) P. W. 1 Smt. Onkar Bai has categorically stated that no such Nata-marriage was ever performed by Arjunlal with Smt. Ramsukhi Bai. Taking an overall view of the evidence on record, I agree with the learned District Judge that Smt. Ramsukhi Bai has not been able to prove that she is the legally wedded wife of late Shri Arjunlal.