RESHAM BAI Vs. SHAKUNTALABAI

JUDGEMENT

(1.) THE decision rendered in this appeal shall also govern the disposal of other connected MA being MA 8/98 as both these appeals arise out of one case and questions the legality and validity of one impugned order. The impugned order is dated 12. 8. 1997 passed by ADJ, Kukshi in two succession cases being Case No. 3/ 96 and 4/96. This appeal and other connected appeal is preferred under Section 384 of Indian Succession Act to challenge the common order dated 12. 8. 1987 passed in aforementioned 2 cases. Facts in brief need mention. They lie in a narrow campass.

(2.) ONE Mangilal by cast Tribe (Bhilala) was working as peon in Co-operative Bank at a place called Kukshi in District Dhar. He died on 1. 2. 1995. He had to his credit some amount-such as gratuity, family pension, G. P. F. , family benefit fund etc.

(3.) ON his death, as many as five ladies came forward to claim the aforesaid amount. One Rashambai (appellant) claiming to be his legally married wife applied to the Court being Case No. 3/96 claiming Succession Certificate. Then another lady Shakuntala applied to the same Court being Case No. 4/96 claiming herself to the legally married wife of late Mangilal for Succession Certificate. In these 2 cases which were consolidated for hearing, when objections were invited, 3 ladies - Gopibai, Parubai and Gorabai came forward to claim their right. Gopibai claim herself to be the mother of late Mangilal whereas other two - i. e. Parubai and Gorabai claimed as sisters of late Mangilal.