HADISH ALI Vs. MOSTT.ASMA KHATOON

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the order dated 21.6.2002 passed by 7th Addl. District Judge, Rohtas at Sasaram in Misc. Case No. 251/2001, Tr. No. 41/2001 under which he has dismissed the application of the applicant Hadish Ali filed under sec. 372 of the Indian Succession Act for issuance of succession certificate to him in respect of the property left by his father Mustakim Ali, who died on 23.1.1994.

(2.) THE case of the appellant is that his father died when he was in Government service working in the Department of Electricity and posted as Line Inspector, Kochas, in the district of Rohtas. A sum of Rs. 1,33, 910/ - payable to his father towards his provident fund, gratuity, insurance etc. is lying with the department. He is the sole heir of his father and thus, is entitled to the amount and succession certificate.

(3.) THE case of the respondents no. 10 to 12 in their rejoinder is that they are married daughters of Mustakim Ali through Jumratan Bibi and are also successor in interest of the deceased alongwith their brother Hadish Ali.