SATYAWATI SHARMA Vs. KRISHNA SHARMA

JUDGEMENT

(1.) APPELLANT/defendant has preferred this appeal under Section 100 of the CPC, against the judgment and decree dated 14-8-1987 passed by IIIrd Additional District Judge, Ratlam in Civil Appeal No. 1-A/87 confirming the judgment and decree dated 12-9-81 in Civil Suit No. 5-A/80 passed by learned Civil Judge Class-I, Ratlam.

(2.) THE admitted facts of the case are that Omprakash Sharma was the Government servant and he has expired while in service. It is also the common ground that appellant is the mother and the respondent Krishna Sharma is the widow of late Omprakash.

(3.) THE case of the respondent plaintiff is that she is entitled for the family pension while the case of the appellant is that she being the mother of the deceased is entitled for the half of the family pension. The learned Courts below have held that the appellant is not entitled for the half of the family pension and as such the claim of the appellant was dismissed.