SAVITRI Vs. CHANDRAKALA

JUDGEMENT

(1.) THIS is an appeal under Section 384 of the Indian Succession Act, 1925 against the order passed in M. J. C. No. 7/94 by learned District Judge, Betul on 4-9-95 revoking the succession certificate granted to the appellant vide order dated 9-7-93 passed in Case No. 9/93.

(2.) THE undisputed facts of the case are that deceased Mohan was working as a Railway Gatcman. He died during the course of his employment when posted at Taku Railway Station, District Hoshangabad. The last rites were performed by the respondent No. 1 Chandrakala and she was granted ex-gratia compensation for the death of Mohan. Mohan was resident of Village Pimpalgaon, District Nagpur, Maharashtra. The appellant Savitri claiming herself to be widow of the deceased filed an application seeking succession certificate in her favour and in the ex-parte proceedings the learned District Judge, Betul vide order dated 9-7-93 allowed the application and issued succession certificate to the appellant Savitri Bai.

(3.) AS per the respondent Chandrakala deceased Mohan married to her about 12 years prior to his death. From their wedlock she conceived two sons and a daughter namely Ankush, Ku. Ashwani and Ashish. Respondent No. 1 Chandrakala was residing with Mohan at Taku in the quarter allotted to Mohan by the Railways.