SOHAN LAL Vs. ESTATE OF LATE CHUNNI LAL

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing counsel appearing for the State-respondents and Sri Sarvjeet Dubey, learned counsel appearing for the respondent no. 3.

(2.) Instant petition has been filed praying for the following main reliefs:-

(3.) The case set forth by the petitioner is that one Sri Chunni Lal was an employee in the Irrigation Department and had no heirs of his own, his wife having left him. Sri Chunni Lal adopted the petitioner by means of registered adoption deed dtd. 23/10/1996, a copy of which is annexure 4 to the petition. It is contended that during his life time, Sri Chunni Lal had give an application in the office of the respondent no. 2 on 20/3/1990 whereby the petitioner was nominated in the service record as his nominee. Sri Chunni Lal died in harness on 6/10/1997. In January, 1998, the petitioner filed an application before the learned Civil Judge (Senior Division), Lucknow under Sec. 372 of the Indian Succession Act, 1925 (hereinafter referred to as "Act, 1925") for being issued a succession certificate. The said case was decided ex-parte vide order dtd. 27/8/1998 in favour of the petitioner, a copy of which is annexure 5 to the petition.