SNEHLATA CHATURVEDI Vs. KAMALA CHATURVEDI

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 8-7-2015 passed by the 2nd Additional District Judge, Ambikapur, (CG) in Civil Suit No. 17-A/2012 wherein the said court decreed that respondent No.1 who is mother of the deceased Anil Chaturvedi is entitled for half of the amount deposited in her son's name and will also get half share deposited in any office in the name of Anil Chaturvedi. The said court further directed that if the appellant has received the entire amount to the tune of Rs.3,23,447/- the respondent No.1 may recover half of the amount from the appellant.

(2.) Respondent No.1 /plaintiff filed a suit before the trial court on the ground that she is mother of late Anil Chaturvedi who died on 23-8-1997 at Ambikapur while serving as Constable in the Excise Department. The appellant applied for grant of succession certificate before the competent court and the order was passed in her favour. The suit was filed on the ground that respondent No.1 being mother of late Anil Chaturvedi is a Class-1 heir under Hindu Succession Act, 1956, therefore, she is entitled to receive half of the amount which was decreed by the trial court.

(3.) Learned counsel for the appellant submits as under.