RAMJI SAO Vs. JAGESHWARI

JUDGEMENT

(1.) One Ganga Bishun had 'mukarrari' interest in village Belkhara tauzi No. 13244, under Arwal Police Station of Jehanabad Sub-division. It appears that, on the vesting of the zamindari interest, a sum of Rs. 545.13 was fixed as the compensation for Ganga Bishun's 'mukarrari1 interest. He died on the 29th November 1956.

(2.) Krishna Gopal (respondent No. 2), who is a son of Musammat Jageshwari (respondent No. 1), applied, under Section 372 of the Indian Succession Act (hereinafter referred to as the Act), for grant of a succession certificate for the amount mentioned above on the allegation that he was the nearest heir of Ganga Bishun. Nepur Kuer (appellant No. 4) is the mother of the first three appellants. They filed applications, under Order 1, Rule 10 of the Code of Civil Procedure, for being added as objectors to the succession certificate case. Their prayer was allowed by an order dated the 10th November, 1959. On the 13th May, 1961, Jageshwari Kuer (respondent No. 1) filed a petition to be added as a petitioner. That petition was allowed on that very date, and she was added as a petitioner. The appellants' case in the Court below was that Jageshwari Kuer was not the daughter of Ganga Bishun, and that the petitioners respondents were not entitled to the grant of a succession certificate in respect of Ganga Bishun's properties. On the other hand, the case of the respondents was that Nepur Kuer was a mistress and not a wife of Ganga Bishun, and that the other three appellants were his illegitimate sons.

(3.) The Court below held that Nepur Kuer was not married to Ganga Bishun, and that the other three appellants were his illegitimate sons. It further held that Jageshwari Kuer was the daughter, and Krishna Gopal was the daughter's son, of Ganga Bishun. It also held that Jageshwari Kuer was the nearest heir of Ganga Bishun, and, accordingly, it ordered grant of a succession certificate to Jageshwari.