SUDERSHAN KARIR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of a learned Single Judge of this Court dated 26/10/1987 affirming me judgment of the Sub Judge, Delhi granting succession certificate to the respondent Nos. 2 to 4 and dismissing the appellants' Petition No. 738/74 filed under Section 372 of the Indian Succession Act.

(2.) The appellants and Smt. Nirmal Karir and her children (respondent Nos.No. 2 to 4) filed two separate petitions under Section 372 of the Indian Succession Act for grant of succession certificate to the estate of one Shri Sham Sunder Karir, who died on 30.7.1974. Smt. Nirmal Karir claimed that she was married to the deceased Sham Sunder Karir on 26/09/1963 at Delhi according to Hindu rites and her three children (respondents 2o to 4) were bom to her out of the wedlock.On the contrary, the case of the appellant Smt. Sudershan Karir is that she was married to the said Sham Sunder Karir on 2/02/1962 at Shimla according to Hindu rites and her two children were born out of this wedlock. On these pleadings, the Trial Court framed the following issues:

(3.) On consideration of the evidence adduced by the parties, the Trial Court held that Smt. Nirmal Karir was the legally wedded wife of the deceased Sham Sunder Karir and the appellant Smt. Sudershan Karir has failed to establish her claim. Consequently, the learned Trial Court dismissed the appellants' petition under Section 372 of the Indian Succession Act and granted succession certificate to Smt. Nirmal Karir and the respondent Nos. 2 to 4 to the estate of the deceased Sham Sunder Karir. Aggrieved thereby, the appellants filed an appeal before the learned Single Judge of this Court, which was dismissed by the impugned judgment upholding the findings of fact recorded by the Trial Court. Not satisfied with the dismissal of first appeal, the appellants have filed the present appeal under Clause X of the Letters Patent Act.