ABDUL AJIJ Vs. NURJAHAN

JUDGEMENT

(1.) APPELLANT/defendant No. 1 has filed this appeal against respondent No. 1 plaintiff and respondent No. 2/ defendant No. 2, under Section 96 of the CPC against the judgment and decree dated 14. 9. 1994 in Civil Suit No. 83-B/91 passed by Xlth learned Additional District Judge, Indore.

(2.) THE admitted facts of the case are that Adbul Rashid was the father of plaintiff and he has expired on 8. 3. 1990. It is also the common ground that Abdul Rashid had the Life Insurance Policy No. 28643072 dated 9. 12. 1978 of Rs. 15,000/- and other Policy No. 340257730 dated 9. 12. 1978 of Rs. 25,000/ -. It is the common ground that defendant No. 1 Abdul Ajij is the real uncle of the plaintiff and the defendant No. 1 was the nominee in both the Policies of Abdul Ajij. That the defendant No. 2 LIC, has paid the amount of Rs. 22, 120. 10paiseon 11. 5. 1990ofpolicy No. 28643072tothenomineedefendantno. l. That the amount of another policy which was of Rs. 25,000/- is still not paid by the Life Insurance Company.

(3.) THE case of the plaintiff is that she is the only heir of her late father Abdul Rashid and as such, she is entitled to receive the amount of both the Policies. That defendant No. 1 has refused to give her the amount realized by him from the Policies and, as such, that decree of Rs. 40,000/be passed against the defendants and the interest be also provided to the plaintiff from the defendant.