LAWS(MPH)-1998-5-12

MUNNI DEVI Vs. ANGURI DEVI

Decided On May 09, 1998
MUNNI DEVI Appellant
V/S
ANGURI DEVI Respondents

JUDGEMENT

(1.) Feeling aggrieved by an order under S. 383 of the Indian Succession Act, 1925 (hereinafter referred to as the Act), on the application filed by the contesting respondent, the mother of the deceased Hari Shankar, revoking the grant of succession certificate issued in their favour vide the order dated 7-7-1989, passed in case No. 23 of 1989, the present appellants who had claimed the succession certificate in the aforesaid case No. 23 of 1989, have now approached this Court seeking the reversal of the impugned order and the restoration of the earlier order dated 7-7-1989.

(2.) I have heard the learned counsel for the appellants as well as the learned counsel representing the contesting respondent, and have carefully perused the record.

(3.) The relevant facts as they emerge from the pleadings of the parties and the evidence brought on record lie in a narrow compass. Hari Shankar, who was born on 1-1-1951, was selected and appointed on the post of Aarakshak in the State Police Department on 4-4-1980. At the time of his appointment in the State Police Department, Hari Shankar was required to furnish various informations in a prescribed form which was submitted to the State Police Department on 4-4-1980. In his aforesaid statement while supplying the names of his family members, Hari Shankar had disclosed that Munni Devi/Bai (hereinafter referred to as Munni), the present appellant No. 1, was his wife. At the instance of Hari Shankar, in his service book, a note was made that his heir would be his wife, Smt. Munni.