TARULATA DAKUA Vs. ADDITIONAL TREASURY OFFICER, TUFANGANJ

JUDGEMENT

(1.) This second appeal has been preferred challenging the decree dtd. 6/9/2019 passed by learned Additional District Judge, Tufanganj in connection with Title Appeal no. 1 of 2018 arising out of judgment and decree dtd. 22/12/2017 passed by learned Civil Judge(Junior Division)Tufanganj in connection with T.S no. 12 of 2017.

(2.) Plaintiffs' case in a nutshell is that plaintiff no. 1 Tarulata Dakua was married to deceased Harendranath Dakua in 1986 and after marriage plaintiff no. 1 started residing with her aforesaid husband. Due to such wedlock one daughter namely plaintiff no. 2 and one son namely plaintiff no. 3 were born. Said Harendra Nath Dakua was employed as a constable under West Bengal police department and while he was in service he died on 1/5/2006. On his death the plaintiffs being the legal heir of said deceased Harendra Nath Dakua and plaintiff no. 1 being the guardian of plaintiff no. 2 and 3, applied before the Additional treasury officer Tufanganj for pension and death benefits but the said officer by his memo dtd. 03/10/2007,informed the plaintiffs that no payment can be made in their favour as the authority of the P.P.O has been issued in favour of defendant no. 3 Smt. Angur Bala Dakua vide P.P.O no. Pan/V/F/64850.

(3.) It is the case of the plaintiff that said Angur Bala has/had no connection with the deceased Harendra Nath Dakua and the plaintiff no 1 being the only wife and plaintiff no. 2 and 3 being his son, are his only legal heir and are entitled to receive all the death benefits and outstanding amount. Accordingly plaintiff prayed for a declaration that the plaintiffs are entitled to get the money due to death of late Harendra Nath Dakua and also for declaration that said Angur Bala is not entitled to get any amount whatsoever and also for permanent injunction restraining defendant no. 1 and 2 from paying any amount to said Angurbala and for a mandatory direction upon defendant no. 1 and 2 to disburse and pay all the aforesaid amounts to the plaintiffs.