LAWS(MPH)-2012-1-107

SANTOSH SULLERE Vs. SAROJ SULLERE

Decided On January 19, 2012
SANTOSH SULLERE Appellant
V/S
SAROJ SULLERE Respondents

JUDGEMENT

(1.) The subject matter of challenge in this revision is the orderdated 28.10.2010 passed by First Additional District Judge, Chhatarpur in M.A. No.01/10 whereby the petitioners appeal under Section 384 of the Succession Act, 1925 (hereinafter referred to as the Act ) against the order-dated 15.04.2010 passed by Third Civil Judge Class I, Chhatarpur in Succession Case No.13/08, was dismissed and revocation of succession certificate granted to them and the direction for issuance of the certificate in favour of the respondent were affirmed.

(2.) Ramdas Sullere, who died on 28.12.2003 at Kulpahar Distt. Mahoba (U.P.), was superannuated on 31.07.2003 from the post of Peon in the Tahsil Office at Chhatarpur. The respondent claims to be his legally-wedded wife whereas petitioner no.1, the husband of petitioner no.2, is the son of his nephew namely Harsahay.

(3.) While asserting that (i) by way of application-dated 29.08.2002 addressed to the Tahsildar, the deceased had nominated them in place of the respondent to receive provident fund, gratuity, family pension and other post-retirement benefits and