KESARI BAI AND ORS. Vs. PARWATI AND ORS.

JUDGEMENT

(1.) This appeal under Sec. 384 of the Indian Succession Act arises out of order dated 14.8.1996 passed by the Additional District Judge, Maihar, District Satna in Succession Case No. 1/90 together with Succession Certificate Case No. 7/91. The undisputed facts of this case are that Chandra Shekhar Prasad Mishra died on 15.3.1990 at Amarpatan. He was serving as Upper Division Clerk/Accountant in the Forest Department of M.P. After his death two applications were filed for grant of Succession Certificate before the Additional District Judge, Maihar, Distt. Santa. The appellant Smt. Kesari Bai along with her children filed Succession Case No. 1/90. The respondent No. 1 Parwati along with her children respondent Nos. 2-5 filed Succession Case No. 7/91. Both these cases were consolidated and tried as one case by the learned Additional District Judge.

(2.) The claim of the applicant was based on the allegations that she was a legally married wife of Chandra Shekhar Prasad Mishra and the appellant Nos. 2-6 were the children born out of the wed-lock. She also claimed that she was a nominee of Chandra Shekhar Prasad Mishra in respect of provident fund and gratuity.

(3.) The respondent No.1 Parwati Bai laid a claim in her application by way of objection that she was the nominee of Chandra Shekhar Prasad Mishra from 5.2.1986. She also claimed that she was the wife of Chandra Shekhar Prasad Mishra and the respondent Nos.2 to 5 were born out of the wedlock. It was, therefore, claimed that who was entitled for gratuity, Provident fund etc. along with her children respondent Nos. 2 to 5.