MIRDUL SENGUPTA Vs. SHIPRA SENGUPTA

JUDGEMENT

(1.) This revision is directed against the order dated 5.9.1994, passed by District Judge, Bhopal, in Misc. Civil Appeal No. 11/94, arising out of order dated 13.6.1994 in Misc. Judicial Case No. 79/71 passed by IIIrd Civil Judge, Class-1, Bhopal.

(2.) Shortly stated the undisputed facts of this case are as follows. Shri Shyamal Sengupta was a Head Clerk in State Bank of India, Bhopal. He was initially an employee of Imperial Bank of India. After the constitution of State Bank of India under the State Bank of India Act, 1955, the business of Imperial Bank of India was taken over by the State Bank of India as per provisions of the State Bank of India Act, 1955. Shyamal Sengupta died issue- less on 8.11.1990 at Bhopal, He left behind him his widow Smt. Shipra Sengupta, his mother Niharbala Sengupta, his brothers Pushpal Sengupta and Mirdul Sengupta.

(3.) The non-applicant No. 1, the widow of Shyamal Sengupta filed an application under Section 372 of the Indian Succession Act (henceforth 'the Act'). She stated that she was entitled to Rs. 8,930.20 (Rupees Eight Thousand Nine Hundred Thirty and Paise Twenty) out of the amount of life insurance payable to legal heirs of Shyamal Sengupta. It was further claimed by her that Shyamal Sengupta was entitled to receive Rs. 90,499.25 (Rupees ninety thousand four hundred ninety-nine and paise twenty five) by way of gratuity. Out of that amount, her share of 1/2 came to the extent of Rs. 45,224.87 (Rupees forty-five thousand two hundred twenty-four and paise eighty seven). She estimated her share to the tune of Rs.50,000/- (Rupees fifty thousand) approximately in respect of Public Provident Fund credited in the name of Shyamal Sengupta without mentioning exactly the amount of Public Provident Fund deposited in the name of Shyamal Sengupta. She cfaimed again that she was entitled to Rs. 1,14,882.47 (Rupees one lakh fourteen thousand eight hundred eighty- two and paise forty-seven) out of total General Provident Fund deposited in thej name of Shyamal Sengupta. The total amount of General Provident Fund comes to Rs. 2,29,764.25 (Rupees two lakhs twenty-nine thousand seven hundred sixty-four and paise twenty-five). The non-applicant No. 1 - Shipra Sengupta also made claim in respect of other items mentioned in paragraph 6 of her application. However, it is not necessary to deal with them as there are only four items involved in this revision.