TAHIR KHAN Vs. BASARAT KHAN

JUDGEMENT

(1.) This is an appeal under Section 384 of the Indian Succession Act against the order dated 12-10-93 passed by Shri R.S. Trivedi, First Additional District Judge, Murwara-Katni to the Court of District Judge, Jabalpur in Succession Case No.16/89. The appellant has filed another appeal M(P) A No.115/94 which is linked with this case. It arises against the order dated 12-10-1993 passed by the same Court in Succession Case No.14/93. The disposal of this appeal shall also govern the M(P) A. No.115/94 because the subject matter of the case is the same and it is between the same parties.

(2.) The respondent No.1 filed an application for grant of succession certificate in respect of Rs. 27,447/ - kept in deposit at post Office Badgain, Tehsil Murwara, District Jabalpurn in name of Gafooran Bi. Gafooran Bi was the widow of Bhure Khan. She expired on 21-10-1989.

(3.) In his application, the respondent No.1 stated that the following family tree would give his relation ship with the deceased. Maulvi (dead) Kadhora (dead)Nanha (dead)Bhure Khan (dead)Gafooran Bi (died on 21-10-89)Rehman Khan (dead)Baparat Khan Respd.No.1Gafooran Bi alias Gappu Bai was widow of Bhure Khan son of Kadhora. Kadhora was the brother of Nanha. Nanha 's son Rahman Khan and Bhure Khan were first cousion. The respondent No.1 was thus nearest relative being son of first cousin of husband of Gafooran Bi. It was claimed that late Gafooran Bi alias. Gappu Bai had brought up the respondent No.1. Thus, by then the conduct of the respondent No.1 was acknowledge as nearest relative of late Gafooran Bi.