MARGRET Vs. SUMAN BAI

JUDGEMENT

(1.) THESE two revisions have arisen from the common order passed by III Civil Judge Class-I, East Nimar, Khandwa whereby two applications, one (Succession Case No. 9/2001) filed by Smt. Suman Bai alleging her to be the widow of Peter Joseph and another application No. 8/2001 filed by Smt. Margret have been disposed on 12-10-2001. The Trial Court allowed the application of Smt. Suman Bai and passed the order granting succession certificate to her while the application filed by Smt. Margret for obtaining succession certificate was dismissed. Since there were two applications, though they were disposed of by the common order, Smt. Margret preferred two appeals which were numbered as Miscellaneous Appeal No. 4/2001 and Miscellaneous Appeal No. 5/2001. The Appellate Court by a common order decided both the appeals and dismissed them. In this manner, these two revision petitions have been preferred.

(2.) THE facts of the case lie in a narrow compass. According to respondent Smt. Suman Bai, she was residing with her husband Peter for last 16 years. She was married to Peter in accordance with the rites in Roman Catholic Church of Nepa Nagar. The marriage was solemnized by Priest Kevoshar according to the Christian rites. On 18-12-1997 said Peter died. Since she is the sole successor, she is entitled for all immovable and movable property left by her husband. The deceased was serving on the post of Fitter in the Maintenance Department of Nepa Limited, on account of his death, she is entitled to obtain the amount of provident fund, gratuity etc. from the Department. The deceased was also having a Saving Bank Account No. 6781 in the Indian Stale Bank of India, Nepa Nagar Branch having a sum of Rs. 1,51,467. 40 deposited in it and as per respondent, she is entitled to obtain this amount. The respondent thus submitted an application under Section 372 of the Indian Succession Act (in short 'the Act') for obtaining succession certificate to the tune of Rs. 4,49,467/ -.

(3.) THE petitioners, by filing objections, objected for the grant of Succession Certificate, they also filed a separate application under Section 372 of the Act for the grant of certificate in their favour. The Court below allowed the application of respondent-Suman Bai and dismissed the application filed by petitioners.