VIRENDRA SINGH PAL Vs. KASHIBAI

JUDGEMENT

(1.) Feeling aggrieved by the order dismissing his appeal directed against the rejection of the application filed by the appellant under Section 372 of the Indian Succession Act for obtaining a Succession Certificate, he has now come up in this Letters Patent Appeal seeking redress praying for the reversal of the impugned order.

(2.) We have heard the learned counsel for the appellant as well as the learned counsel repre-senting the contesting respondents and have also carefully perused the record.

(3.) The facts in brief, shorn of details and necessary for disposal of this appeal lie in narrow compass. Narain Singh Pal, who was employed as a Chowkidar in a Government Office, died in harness on 13-6-1995. He had married Smt. Hirobai and had a son Virendra Singh Pal, Smt. Hirobai, however, died long back. On the death of Narain Singh Pal, Virendra Singh moved an application dated 1-7-1995 under Section 372 of the Indian Succession Act praying that a Succession Certificate be issued in his favour in respect of the Provident fund, gratuity and insurance amount to which Narainsingh Pal was entitled. In the aforesaid application it was alleged that apart from Virendra Singh there was no other heir or legal representative of deceased Narainsingh Pal, as his mother expired long ago and out of the legtimate issues of Narainsingh Pal, the applicant Virendrasingh Pal was the only person entitled to succeed him as there was no prefessential heir.