SUMITRA Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS appeal under Section 299 of the Indian Succession Act, 1925 ('the Act') has been filed by the respondent aggrieved against the order dated 15.10.2001 passed by the District Judge, Jodhpur on an application filed by the respondent under Section 372 of the Act, whereby besides rejecting the claim of the respondent for grant of succession certificate, the prayer made by the appellant also was rejected.

(2.) THE brief facts of the case are that the respondent filed an application under Section 372 of the Act impleading the appellant as respondent inter-alia with the averments that he was nephew of one Rakha Ram, who was unmarried and had adopted him during his life time, the said Rakha Ram was working as 'Jhaduwala' with the Jodhpur Municipality and died on 19.6.1992. The succession certificate was sought for the Gratuity amount Rs.9,888/-, Group Life Insurance Rs.5,000/-, Encashment of Leave Rs.6,247/-, New Pay-scale Rs.880/- difference of Pay- scale Rs.355/- and Salary for the month of June Rs.1,800/- i.e. Total of Rs.24,090/-.

(3.) THE trial court framed four issues and in support of the claim, Kanhaiyalal examined himself, Mohini and Braham Das, while appellant examined herself, father Kanhaiyalal and her mother Shanti.