ASHISH KUMAR Vs. LEELA BAI

JUDGEMENT

(1.) This is a revision by the applicants against the order by which their appeal under S. 384 of the Indian Succession Act challenging the order refusing to grant a succession certificate in their favour on their application under S. 372 of the Act, has been dismissed.

(2.) It is not in dispute that deceased Shakuntalabai was a teacher in Primary School, Chandana and she died on 7-6-1998. Non-applicant Smt. Leela Bai was her mother. Shakuntalabai declared name of her mother Smt. Leela Bai in the Government records as her nominee.

(3.) Applicant No. 2Nathuram claims to be the husband and applicant No. 1 Ashinsh Kumar, aged 7 years, claims to be son of Shakuntalabai. They submitted an application under S. 372 of the Indian succession Act for grant of a succession certificate in their favour. Non-applicant No. 1 Smt. Leela bai, mother of Shakuntala bai, opposed this application. According to her, the applicants are not in any way related to Shakuntalabai as she died unmarried. The court of civil Judge, Cl. I. Balaghat after appreciation of the evidence adduced by both the parties held that applicant No. 2 Nathuram is not the husband of Shakuntalabai. It was found that Nathuram is already married to another woman in 1977 and he has five children through her. Therefore, it was held that even if there was a marriage between Nathuram and Shakuntalabai that was void in view of S. 11 of the Hindu Marriage Act, 1955 being in violation of S. 5 (1) of the Act. The marriage of Nathuram was already subsisting. so far as applicant No. 1 Ashish Kumar is concerned, the court held that he has not proved to be the son of Shakuntalabai. Ex. P-4 card was disbelieved on the ground that it is not signed by any competent officer. In the certificate Ex.P-6) the name of mother of Ashish Kumar is not given. Marriage of Nathuram with Shakuntalabai was said to have taken place on 9-6-1997 while Ashish Kumar was said to have been born in the year 1991. In paragraph 15 of the order it was specifically held that it is not established that applicant No. 1 Ashish Kumar is son of shakuntalabai. This finding has been affirmed by the appellate Court by order dated 7-9-2001. The grant of succession certificate in favour of the mother of Shakuntalabai has been confirmed by the appellate Court also. Thus there is a concurrent finding of fact of the two Courts that Nathuram is not husband of Shakuntalabai and Ashish Kumar is not her son. The revisional Court cannot interfere in the concurrent finding of the two Courts.