KUNWAR SINGH MARKO (GOND) Vs. SHIV DAYAL SAROTE

JUDGEMENT

(1.) THIS is an appeal directed against the order dated 14th August 1996 passed by the learned Additional District Judge, Mandla, whereby the learned Additional District Judge declined to revoke the succession certificate granted by the trial court in case No. 52 of 1994 and rejected the application filed by the appellant/objector under Section 383 of the Indian Succession Act.

(2.) THE appellant was husband of deceased Chamelibai, and Shivdayal was father of the deceased Chamelibai. The father of the deceased Shivdayal filed a petition seeking succession certificate and in that petition, Kunwar Singh Marko who was husband of the deceased Chamelibai was not impleaded as a party. On 21.7.1995, when the Objector Kunwar Singh approached the Principal of District Education and Training Institute, Mandla for service benefits of his deceased wife Chamelibai, he came to know that Shivdayal, father of the deceased Chamelibai had obtained a succession certificate and filed the same in the Department where the deceased Chamelibai had worked, for receiving all the dues of deceased Chamelibai. Therefore, the appellant filed an application for revocation of certificate on the ground that Shivdayal obtained a certificate by misleading the facts and abusing the process of court of law. It was averred that he had married with Chamelibai according to the rites and customs of their community. The deceased Chamelibai was living with him till her death. Therefore, the appellant prayed that the order of succession certificate granted in favour of Shivdayal may be revoked and he may be granted succession certificate as he is the legitimate successor of deceased Chamelibai.

(3.) THE learned trial Court after examining the matter, came to the conclusion that the marriage of deceased Chamelibai with Kunwar Singh was not solemnized in the manner required under the custom. He also found that the factum of marriage was not found to be proved and hence he rejected the application filed by the appellant/objector Kunwar Singh. Aggrieved against this order of the learned Addl. District Judge, Mandla, the present appeal is filed by the appellant Kunwar Singh.