KAILASH CHAND Vs. SMT. LAXMI DEVI AND ANOTHER

JUDGEMENT

(1.) HEARD Sri Lok Pal Singh, Counsel for the revisionist. By the present two revisions, the revisionist has challenged the judgment and orders passed by the Courts below by which the claim of Kailash Chand has been rejected in proceedings under section 372 of the Indian Succession Act.

(2.) IN Misc. Case No. 51 of 1997, an application was filed by Smt. Laxmi Devi under section 372 of the Indian Succession Act that she is legally wedded wife of late Sri Shiv Chand and therefore, she is entitled for the amount deposited in the Punjab National Bank, Peeth Bazar, Jwalapur, Tehsil and District -Haridwar and as such she applied for the succession certificate.

(3.) BOTH the parties have come in the witness box. Smt. Laxmi Devi was examined on oath. She has deposed that she was married to late Shiv Chand on 25.3.1991 and after marriage she was living with her husband late Shiv Chand Dheeman and she has a son namely Dharam Das, who is studying in Class -VIII and has stated that she along with her son Dharam Das is entitled for the amount lying in the Account No. 39741 of Punjab National Bank deposited in the shape of F.D.R. The death certificate 7 -C and the school certificate 9 -C are also on the record which show that Dharam Das is the son of Shri Shiv Chand. The photographs 31 -C was also filed and the same is available on the record.