KAMLA ALIAS LASO Vs. PESHO

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree, dated 25.05.2012, passed by the learned District Judge, Chamba, Division Chamba (HP), in Civil Appeal No. 25 of 2011 (T).

(2.) 'Key facts' necessary for adjudication of this Regular Second Appeal are that the respondent No. 1-plaintiff, namely, Smt. Pesho Devi (hereinafter referred to as "the plaintiff" for the sake of convenience), filed a suit for declaration and permanent prohibitory injunction. According to the plaintiff, she is a legally wedded wife of late Sh. Prem Lal, son of Shri Rijhu (now deceased), who was serving as Kanungo in the Revenue Department. He retired on 31.12.1986. He died on 06.12.2003, leaving behind the plaintiff as his legally wedded wife. According to her, she was entitled to get pensionary benefits as per the rules. The respondents No. 2 to 5-defendants (hereinafter referred to as "the defendants" for the sake of convenience), have sanctioned the family pension in favour of the appellant-defendant, namely, Smt. Kamla alias Laso (hereinafter referred to as "the defendant" for the sake of convenience). She also issued notice under Section 80 of the Code of Civil Procedure. The cause of action has arisen to her on 06.12.2003, when her husband Prem Lal has expired and family pension was sanctioned by defendants No. 2 to 5 in favour of defendant Smt. Kamla alias Laso.

(3.) THE defendant No. 5, Smt. Kamla alias Laso, as arrayed before the learned Civil Judge (Senior Division), Chamba, District Chamba, H.P. contested the suit. According to her, she was legally wedded wife of late Sh. Prem Lal. She married him in the year, 1953. She was nominated by late Sh. Prem Lal as wife. Sh. Prem Lal has died on 06.12.2003. Sh. Prem Lal has also adopted Sh. Chaman Lal as his son. He has also executed a valid will and mutation to this effect was also attested. According to her, the family pension was rightly sanctioned in her favour.