AMAR SINGH Vs. SHASHI BALA

JUDGEMENT

(1.) This regular second appeal has been filed by Amar Singh, defendant against the judgments and decrees of the courts below, whereby suit filed by Shashi Bala, plaintiff was decreed by the trial court and appeal filed by Amar Singh, defendant was dismissed by the learned Additional District Judge.

(2.) Facts of the case in brief are that Shashi Bala, the plaintiff, filed a suit for declaration, to the effect that the plaintiff was the legal heir of Ranbir Singh, deceased, being his widow and was entitled to receive the amounts due under the insurance policies for Rs. 10,000 and Rs. 25,000 respectively from defendant Nos. 2 and 3 and also sought a decree for mandatory injunction directing defendant Nos. 2 and 3 to pay the insurance amount to the plaintiff, in respect of two policies in the name of Ranbir Singh, deceased husband of the plaintiff. It was alleged that Ranbir Singh, husband of the plaintiff, died on 17.7.1980 and that defendant No. 1 Amar Singh was the father of Ranbir Singh, deceased. It was alleged that Ranbir Singh, deceased had taken two life insurance policies in his name for Rs. 10,000 and Rs. 25,000 respectively and that the plaintiffs, being the widow and the mother of Ranbir Singh, deceased were entitled to receive the amount of insurance policies from the defendant Nos. 2 and 3. It was alleged that defendant No. 1 Amar Singh tried to get the payment of these two policies. It was alleged that the defendant Nos. 2 and 3 had refused to admit the claim of the plaintiff and hence the plaintiff had sought decree for declaration that she being the legal heir of Ranbir Singh was entitled to receive the insurance amount in respect of the said policies. In the written statement filed by defendant Nos. 2 and 3 (Life Insurance Corporation), it was alleged that Ranbir Singh, deceased had taken the aforesaid policies and in the said policies the defendant No. 1 Amar Singh was appointed as a nominee. However, it was alleged that they would comply with the order of the court. Defendant No. 1 Amar Singh, in his written statement alleged that he being the nominee of the deceased was entitled to claim the entire amount under the insurance policies and that the plaintiff had no right or claim to the insurance amount.

(3.) Various issues were framed. After hearing both sides, the learned trial court decreed suit of the plaintiff, to the effect that Shashi Bala, plaintiff and Kaushalya Devi (mother) were the legal heirs of Ranbir Singh, deceased and that they were entitled to inherit the property left by him in equal shares. Resultantly, a decree for declaration was passed to the effect that the plaintiff was entitled to receive one half of the amount due under the policies of insurance and defendant Nos. 2 and 3 were directed to pay the said amount under the said insurance policies to Amar Singh, defendant No. 1. Aggrieved against the judgments and decrees passed by the courts below, Amar Singh, defendant filed an appeal, which was dismissed by the learned Additional District Judge, upholding the findings of learned trial court. Aggrieved against the same, Amar Singh, defendant filed the present regular second appeal in this court.