- (1.) THIS appeal under Section 299 of the Indian Succession Act, 1925 ('the Act') has been filed by the respondent aggrieved against the order dated 15.10.2001 passed by the District Judge, Jodhpur on an application filed by the respondent under Section 372 of the Act, whereby besides rejecting the claim of the respondent for grant of succession certificate, the prayer made by the appellant also was rejected.
(2.) THE brief facts of the case are that the respondent filed an application under Section 372 of the Act impleading the appellant as respondent inter-alia with the averments that he was nephew of one Rakha Ram, who was unmarried and had adopted him during his life time, the said Rakha Ram was working as 'Jhaduwala' with the Jodhpur Municipality and died on 19.6.1992. The succession certificate was sought for the Gratuity amount Rs.9,888/-, Group Life Insurance Rs.5,000/-, Encashment of Leave Rs.6,247/-, New Pay-scale Rs.880/- difference of Pay- scale Rs.355/- and Salary for the month of June Rs.1,800/- i.e. Total of Rs.24,090/-. A reply to the said application was filed by the appellant and fact of death of Rakha Ram was admitted. She denied the fact that the respondent was adopted son of Rakha Ram. It was stated that he was nephew of Rakha Ram and his father's name was Ramchandra. She claimed that she was married to Rakha Ram by family custom about 13 years before his death and was living with him as wife and out of their wedlock, one son Deepak was born, who was aged about 7 years. It was alleged that when she was in mourning, the respondent got certain blank papers signed for the purpose of compassionate appointment for her, which were misused by him and he informed the Municipal Corporation in this regard. When she tried for compassionate appointment with the Municipal Corporation several issues were raised by him and ultimately, she was provided employment on compassionate ground on account of death of Rakha Ram. She claimed that in the voter-lists for the year 1984 & 1994, the father's name of Kanhaiyalal is recorded as Ramchandra and her husband's name is recorded as Rakha Ram. The name of the respondent was recorded as nominee in the Provident Fund account before the birth of Deepak, her son and prayed for grant of succession certificate in her favour.
(3.) THE trial court framed four issues and in support of the claim, Kanhaiyalal examined himself, Mohini and Braham Das, while appellant examined herself, father Kanhaiyalal and her mother Shanti.;