CHANDRA MOHAN Vs. CHANDRA DEVI

JUDGEMENT

(1.) Heard Sri Ashok Kumar Malviya, counsel for the appellants and Sri R. N. Rai appearing for respondent.

(2.) This is a dispute between a father-in-law and the alleged grandson on one side and a widow of a military personnel on the other, both the sides claiming posthumous benefits admissible to a deceased military personnel who died in-harness in 1993 suffering from liver cancer.

(3.) It emerges from the record that a Suit No. 9 of 1995, Chandra Mohan and Anr. v. Smt. Chandra Devi was filed in the year 1995 by the appellants Krishna Murari Mishra, father of the deceased and one Chandra Mohan claiming himself to be son of Pradeep Kumar Mishra (or made to claim such by his grandfather) deceased in the Court of Civil Judge (Senior Division), Mirzapur seeking payment of posthumous benefits Insurance Relief, Provident Fund Pension, etc. admissible to the legal heirs of Pradeep Kumar Mishra, a T. A. Gunner working in the Indian Army. This Jawan was suffering from the liver cancer and was admitted in Military Hospital, Lucknow for his treatment. Later on, he had died on 10.5.1993. It was alleged in the suit that Pradeep Kumar Mishra was the son of the plaintiff Sri Krishna Kumar Mishra, a school teacher. His son Pradeep Kumar joined the Indian Army in the year 1985 and was married with Smt. Chandra Devi in the year 1986. As alleged in the plaint, out of wedlock, a son Chandra Mohan Mishra, plaintiff No. 1 was born in the year 1992. It was further averred in the plaint that before few months of his death, Sri Pradeep Kumar Mishra came to his native village Berampur, Tehsil Chunar. district Mirzapur where he had executed a Will on 12.4.1993. It was notarized. It was indicated in the said Will that his son Chandra Mohan will be entitled to all the property and the benefits accrued to family members and successor of Sri Pradeep Kumar after his death. As per Will, the wife was not entitled to share the amount to be paid by the Government but was to be maintained by Chandra Mohan and father-in-law Krishna Kumar Mishra.