PREMWATI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The present regular second appeal is directed against the judgment and decree dated 19.04.2007 passed by Addl. District Judge, Sonepat whereby the judgment and decree dated 23.08.2006 passed by learned Addl. Civil Judge (Sr. Divn.) Gohana was set aside.

(2.) Plaintiff-Appellant (herein after to be referred as "the appellant") filed a suit for mandatory injunction claiming herself to be the co-widow of deceased Dharam Dutt sought direc-tions to respondent Nos. 1 to 3 to grant her pensionary benefits upon the demise of her husband in equal shares with that of Smt. Jallo, the another widow of deceased Dharam Dutt.

(3.) The case putforth by the appellant is that the husband of the appellant, Dharam Dutt had two wives, i.e. the present appellant and respondent No. 4 (since deceased) and he retired from service from Education Department and it is alleged that he executed a registered will on 27.07.1991, which shows that appellant is also one of his wife and thus, she is entitled to family pension, as per Rule 6(17) Note-I of Punjab Civil Services Rules and as per Section 10, Rule 1 of the Hindu Succession Act, where if a person dies, then his movable or immovable property shall be inherited by his two widows in equal shares, if he happened to die surviving the two widows.