SMT. ARUNA DAS Vs. SMT. DIPALI DAS

JUDGEMENT

(1.) This revision petition arises from an order of the District Judge, Barpeta made on 24-7-87 in Misc. (S/C) Appeal No. 4/87 modifying the order passed by the Assistant District Judge, Barpeta in Misc. (S/C) Cases Nos. 55/86 and 56/86.

(2.) Facts:- Dayal Chandra Das, who was an employee in NF Railway, died on 9-3-86. On his death, Smt. Aruna Das and Smt. Dipali Das filed two separate applications (Misc. (S/C) Cases Nos. 55/86 and 56/86) for a succession certificate in respect of the Provident Fund, Family Pension, etc. In Misc. Case No. 55/86 filed by Aruna, she claims her right to the certificate on the ground that she is the widow of the deceased Dayal. Dipali filed Misc. Case No. 56/86 stating she is the only widow of the deceased Dayal Chandra. The Assistant District Judge, Barpeta rejected the application filed by Dipali and granted the succession certificate to Aruna Das. Being aggrieved by the order of the Assistant District Judge, Dipali filed Misc. Civil Appeal No. 4/87 in the Court of District Judge, Barpeta. The District Judge partly allowed the appeal granting two separate succession certificates, one in favour of Aruna in respect of 50% of the amount, and the other to Dipali in respect of remaining 50%. Hence this petition by Aruna Das.

(3.) The only question which has been raised in this petition is whether two such succession certificates can be granted.