ANJUMAN ARA Vs. SAHIDA KHATOON

JUDGEMENT

(1.) The application under Article 227 of Constitution of India is directed against the order No. 76 dated 27/11/2008 passed by the Court of District Delegate, Alipore in connection with Act 39, Case No. 497 of 1993. By the said order the District Delegate allowed the application under Section 151 CPC for review and reconsideration of the order dated 9/4/2001 and succession certificate was granted in favour of both the parties according to their 50% shares each.

(2.) The fact of this case in short is that the opposite party/applicant Sahida Khatoon initiated the Act 39 case before the Court of District Delegate at Alipore, South 24 Parganas for grant of succession certificate in respect of the estate left by Sabrak Hussein since diseased. She claimed succession certificate in respect of 50% of the estate left by her husband.

(3.) The opposite party/present petitioner Anjuman Ara filed written objection and had contested that succession application. According to her averment Sabrak Hussein, nominated her to receive his outstanding service benefit in case of his death. However, though it was the case of the present petitioner Anjuman Ara that as per the provision of payment of Gratuity Act she being the nominee was entitled to get the entire provident fund money and gratuity but the District Delegate after contested hearing on 9.4.2001 granted succession certificate in respect of 50% share of the total amount in favour of Sahida Khatoon and the rest 50% was allotted to the present petitioner Anjuman Ara.