SMT. N. MARI W/O A. TIMOTHY LAKHER (L), R/O NEW SAIHA, SAIHA DISTRICT Vs. SHRI JOSEPH. S/O CHIAHLO, R/O NEW COLONY, SAIHA, SAIHA DISTRICT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 20.5.2010 passed by District Council Court, Mara Autonomous District Council, Siaha in RFA No. 7 of 2010 upholding the judgment and order passed by Subordinate District Council Court, Mara Autonomous District Council, Siaha, in case No. M/S No. 27 of 2009. I have heard Mr. Robert L. Hnamte, learned counsel for the appellant. None appears on behalf of the respondent.

(2.) THE appellant herein is the wife of Shri A.Timothy Lakher, who died on 19.7.2009. The deceased was a Member of District Council (MDC in short) for 2 (two) terms in Mara Autonomous District Council (MADC). He was receiving pension of Rs. 5,000/ - with other allowances and after his death, the family pension was paid to his spouse as per Mara Autonomous District Council (Salaries, Allowances & Pensions of Members) Rules 2003. The deceased prior to his marriage with the appellant, was married to another lady and she had 5 (five) children out of the said wedlock. Two children predeceased their father. Out of three, two are daughters and one is the son. After the death of the deceased, the appellant was declared to be legal heir of her deceased husband in respect of family Pensions as per order of Magistrate, Subordinate District Council Court, Mara Autonomous District Council, MADC, Siaha.

(3.) JUDGMENT and order of the Trial Court was challenged in RFA No. 7 of 2010, which was upheld by the Appellate Court.