P GEETHA Vs. P JAYALAKSHMI

JUDGEMENT

(1.) The appellant in O.S.A.No.205 of 2013 filed a petition under Section 372 of the Indian Succession Act for grant of Succession Certificate with power to collect the death benefits of her husband from Southern Railway, on the ground that she is the wife of the deceased A.Prithivirajkumar, in O.P.No.444 of 2003. Since this petition came to be dismissed, she has filed the present Original Side Appeal. O.S.A.No.220 of 2013 has been filed by the same appellant along with Ashok Kumar against the judgment and decree made in O.P.No.103 of 2004 wherein the Succession Certificate was granted to the daughter of the deceased A.Prithivirajkumar claiming for a Succession Certificate with the power to collect the death benefits of her father from the Southern Railway. Both O.P.Nos.444 of 2003 and 103 of 2004 were dealt together and common judgment was passed on 07.01.2013 dismissing O.P.No.444 of 2003 and allowing O.P.No.103 of 2004.

(2.) The case of the appellant is that she is the wife of the deceased A.Prithivirajkumar and she is the only legal heir who is entitled to claim his death benefits. It is the further case of the appellant that P.Jayalakshmi is not the daughter of the deceased A.Prithivirajkumar

(3.) In order to substantiate her claim as the wife of the deceased A.Prithivirajkumar, the appellant has filed Ex.P-1 - Marriage Invitation, Ex.P-2 - Marriage Statement of the Panchayat President to the effect that a Suyamariadhai Marriage took place between the appellant and deceased A.Prithivirajkumar. Ex.P-3 has been marked to show that the deceased A.Prithivirajkumar had included the appellant in the family composition by way of a letter to the employer. Ex.P-5 was also relied upon which has a letter dated 11.01.2002 said to have been written by deceased A.Prithivirajkumar to his employer deleting the names of his daughters and son from the family composition. Ex.P-6 was also relied upon to show that A. Ashokkumar, the brother of the deceased A.Prithivirajkumar was appointed as the nominee in the service register. Ex.P-9 was also relied upon which is a legalheirship certificate issued by the Tahsildar showing the appellant as the legal heir of the deceased A.Prithivirajkumar in her capacity as the wife. All these exhibits were marked in O.P.No.444 of 2003.