NEERAJ KUMAR GOYAL Vs. KRISHAN LAL ARORA

JUDGEMENT

(1.) This appeal, preferred under Section 299 of the Indian Succession Act, 1925, is directed against the judgment and order dated 25-9-2004, passed in Succession Suit No. 01 of 2001 by learned Addl. District Judge/F.T.C. VII, Dehradun.

(2.) Brief facts of the case, are that appellant Neeraj Kumar Goyal is real brother of his deceased sister Sushma Goyal, who died on 18-11-1990. At the time of her death she was employed with Indian Drugs and Pharmaceuticals Ltd., Rishikesh. As per appellant's case, she left behind her father Triloki Nath Goyal and two sisters Sashibala and Veerbala, apart from the appellant. Mother of the deceased Sushma Goyal had already died on 17-6-1990. The appellant sought succession certificate in respect of the gratuity, group insurance etc. amounting to Rs. 67.082/- due to the deceased. Initially, the application of the appellant, which was registered as case No. 222 of 1991, was allowed on 12-2-1993 and succession certificate was issued in his name. But it appears that respondent Krishan Lai filed simultaneously another application before the Civil Judge, Haridwar, for succession certificate, claiming himself to be the husband of the deceased. Said case was registered as Misc. Case No. 28 of 1991, in which the present appellant also filed the objections. After recording evidence and hearing the parties, learned Civil Judge, Haridwar disposed of the application rejecting the application of respondent Krishan Lai on 5-8-1994 on the ground that succession certificate in respect of the same amount has already been issued by the Dehradun Court. (It is pertinent to mention here that Indian Drugs and Pharmaceuticals Ltd., Rishikesh is situated within District Dehradun while Sushma Goyal breathed her last at Haridwar). However, learned Civil Judge, Haridwar, while rejecting the application did find that the respondent Krishan Lai was husband of the deceased. Thereafter, the respondent Krishan Lai preferred an appeal against the order dated 5-8-1994 of learned Civil Judge, Haridwar. And, said appeal (Misc. Civil Appeal No. 46 of 1994) was also dismissed. Meanwhile, respondent Krishan Lai moved an application before the Court at Dehradun for cancellation of the succession certificate issued in favour of the present appellant. Said Misc. Case was registered as Misc. Case No. 28-A of 1993. The Court at Dehradun, after hearing the parties cancelled the succession certificate vide its judgment and order dated 10-7-1997. Consequently, the Misc. Case No. 222 of 1991 was revived and in view of Section 295 of the Indian Succession Act, 1925, the same was re-registered as Succession Suit No. 01 of 2001. In the objections the respondent raised the plea that he was the husband of the deceased Sushma Goyal and as such entitled to the succession certificate.

(3.) On the basis of the pleadings, the trial Court framed following issues : 1 Whether, the deceased Sushma Goyal was legally wedded wife of Krishan Lal, if so, its effect? 2. To what relief, if any, the applicant is entitled?