SITA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The estate of Takhat Ram, an employee of the Municipal Committee, Nilokheri, District Karnal, is in dispute. The trial court had decreed the suit of the plaintiff Diwan Chand (since deceased), now represented by his legal representatives and the respondents were directed to release the payment alongwith interest @ 12% per annum. The facts are not much in dispute. Takhat Ram was married to Ram Piari, who had already a son born from the lions of her first husband. Takhat Ram, who was working as a peon, died on 22.1.1990. On his death, Ram Piari being his wife sought succession certificate, which was granted to her. She had become entitled to receive Rs. 10,766/- on account of provident fund, Rs. 8,680/- on account of leave pay, Rs. 7,695/- on account of gratuity and Rs. 5,000/- on account of life insurance. However, before Ram Piari could withdraw the said amount, she died on 19.8.1994, leaving behind Diwan Chand, as her sole legal successor (now represented by the appellants). He also obtained succession certificate qua the aforesaid amount through court. However, the said amount was not released, therefore, he filed the present suit.

(2.) The respondents contested the suit. The main plea of the respondents was that Diwan Chand being not heir of the Takhat Ram was not entitled to have released the said amount. Ultimately suit was decreed.

(3.) The State of Haryana as well as the appellants filed appeals against the said order. The appellants also filed cross-objections.