- (1.) ADMITTEDLY one Chatur Turi had two wives. From the first wife, he got two sons, namely, Sarjoo Turi and Sumeshwar Turi and one son, namely Arjun Turi from the second wife. Sarjoo left behind three sons, Bhola, Shankar and Sattan. Sumeshwar, who was a chaukidar, died issueless on 17.5.1991.
(2.) ONE of the sons of Sarjoo Turi, namely, Bhola Mirdha @ Bhola Turi filed an application under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act ') for grant of succession certificate for the estate left by his uncle late Sumeshwar Mirdha @ Sumeshwar Turi. Arjun Turi aforesaid filed an objection thereto, claiming himself to be the step brother of the deceased and as such being the nearest heir of the deceased, entitled to the succession certificate.
(3.) THE court below found that Sumeshwar had no class I heir. Arjun was his class II heir in category no. 2, whereas Bhola being the brother 's son came in category no. 4 of class II heir.;