PARKASH WATI Vs. AMAR PRAKASH

JUDGEMENT

(1.) The question for decision is :

(2.) This judgment will dispose of two appeals L.P.A. Nos. 39 and 40 of 1980.

(3.) The relevant facts are: Ram Parkash Sharma died on January 9, 1976, and his widow Chanan Devi applied for the grant of succession certificate. This petition was being prosecuted by Amar Parkash Sharma as her next friend because she was considered to be of unsound mind and a lubatic lodged in the mental hospital Shahdara and Amar Parkash Sharma was appointed as Manager of the assets of the deceased by order dated October 5, 1976 of the District & Sessions Judge, Delhi. In this petition objections were filed by one Parkash Wati cla iming herself to be the widow of the deceased. Parkash Wati also filed a separate petition under Section 372 of the Indian Succession Act on the ground that she is the second wife of the deceased. She also impleaded her minor daughter Kumari Seema Sharma as her natural guardian. Chanan Devi the first wife was made a respondent. Smt. Chanan Devi however, died during the trial of the two petitions which were consolidated.