BHAGWAT PURI GOSWAMI Vs. OMPRAKASH SUROJIYA

JUDGEMENT

(1.) This appeal is directed against the common order dated 08.01.1993 passed in Succession Certificate Case No. 5/1991 and 6/1991 by the Addl. Judge to the Court of District Judge, Kanker (Bastar). By the said order, the application filed by the Appellants for issuance of succession certificate vide case No. 6/1991 was dismissed and the application filed by Respondent vide case No. 5/1991 was allowed.

(2.) The brief facts are that the Respondent, filed an application for issuance of succession certificate on account of death of his wife namely Smt. Vimla Goswami, who was working as an Assistant Teacher in a Government School. The contention of the Respondent was that since the deceased was legally wedded wife of this Respondent and she died issueless, the Respondent was the only legal heir to succeed the estate of the deceased, therefore, a certificate Under Section 372 of the Indian Succession Act be issued in his favour. The Appellants, who are the parents of the deceased, also made their claim for issuance of succession certificate inter alia pleading that since the deceased was married with some other person and was divorced, therefore, on the date of her death, no one except them were her successors, hence, the certificate should be issued in their favour. In fact, they denied the relationship of hushand and wife between the Respondent and the deceased.

(3.) The learned Succession Court decided both these cases simultaneously by the said common order and held that the deceased was the legally wedded wife of the Respondent and the Respondent being the husband and successor of the deceased, excluding the rights of the Appellants, was entitled for issuance of a succession certificate in his favour and it was ordered accordingly.