VIDYADHARI Vs. SUKHRANA BAI

JUDGEMENT

(1.) Leave granted.

(2.) A common judgment of the High Court of Madhya Pradesh at Jabalpur, disposing of two Miscellaneous Appeals is in challenge before us. The appeals were filed by one Smt.Sukhrana Bai claiming herself to be the widow of one Sheetaldeen. Sheetaldeen was working as a CCM Helper in Mines P.K.1 of the Western Coalfields at Pathakheda and died on 9.5.1993 while in service. Two separate applications came to be filed under Section 372 of the Indian Succession Act for obtaining succession certificate with respect to the movable properties of deceased Sheetaldeen, one of them was filed by Vidhyadhari registered as Succession Case No.3/96 while the other came to be filed by Sukhrana Bai which was registered as Succession Case No.10/95. Both the cases were joined and tried together by the Trial Court which allowed the application filed by Vidhyadhari (SC No.3/96) and dismissed the one filed by Sukhrana Bai (SC No.10/95). Sukhrana Bai, therefore, filed two Miscellaneous Appeals being MA 33/1998 and MA 43/1998 which came to be allowed by the High Court in favour of Sukhrana Bai. Vidhyadhari, therefore, is before us in this appeal. Before we proceed with the matter, a factual background would be necessary.

(3.) Admittedly, Sukhrana Bai was the first wife of Sheetaldeen, while during the subsistence of this marriage, Sheetaldeen got married with Vidhyadhari. Two sons and two daughters were born to Vidhyadhari, they being Smt.Savitri, Naresh @ Ramesh, Ms.Chanda @ Durga and Baliram, while Sukhrana Bai does not have any children.