USHA SHUKLA Vs. TARINI SHUKLA

JUDGEMENT

(1.) The instant revision filed under Section 384(3) of the Indian Succession Act, 1925. (for short "the Act") is directed against the order dated 11-10-2010 passed by Additional District Judge (FTC), Rajnandgaon in Misc. Civil Appeal No, 9/2009 arising out of the order dated 2-8-2008 passed by Civil Judge, Class I, Ambagarh Chowki, Distt. Rajnandgaon in Succession Case No. 02/2008.

(2.) Brief facts of the case are that :-- Jagdish Prasad Shukla died on 18-6-2008 due to cardiac arrest. The applicant No. 1 Smt. Usha Bai is the second wife of Late Jagdish Prasad Shukla, who was working as Asstt. Grade-II at Community Health Centre, Ambagarh Chowki, District Rajnandgaon and the applicant Nos. 2 and 3 are her children from deceased Jagdish Prasad Shukla. Non-applicant No. 1 Smt. Tarini Shukla is the first wife of Jagdish Prasad Shukla and non-applicant Nos. 2 and 3 are her children from Jagdish Prasad Shukla. The applicants filed an application under Section 372 of the Act for grant of succession certificate in their favour to receive post retrial benefits of the deceased late Jagdish Prasad Shukla.

(3.) The Civil Judge, Class I, Ambagarh Chowki allowed the applicants application holding : applicants and the non-applicants both are entitled for half of the share each in the amount of post retrial dues, i.e., Rs. 6,90,627/-. The appeal preferred there-against by the non-applicants was partly allowed, vide, order impugned holding : applicant No. 1 is not entitled for grant of succession certificate; out of total post retrial dues, i.e., Rs. 6,90,627/-, Rs. 3,98,860/- has already been paid to non-applicant No. 1 Tarini Shukla; she alone is entitled for monthly family pension; and applicant Nos. 2 and 3 along with non-applicants are entitled to l/5th share each in the balance amount of post retrial dues, i.e., Rs. 3,16,381/-. Hence this revision.