CHOTEYKHAN Vs. ZEENAT

JUDGEMENT

(1.) THIS appeal by Chotey Khan is duected against the Order 30th January, 1967, of the learned District Judge, Ajmer rejecting appellant's application for grant of succession certificate in respect of the amount of provident fund and gratuity of Khudabux deceased who was an employee in the Railway Loco Workshop, Ajmer.

(2.) THE appellant on the death of Khudabux on 9.5.1963, claiming to be his brother applied to the District Judge. Ajmer for grant of a succession certificate. It was stated by the appellant that Khudabux deceased had married Mst. Zeenat who is the respondent in this Court, but subsequently divorced her by a written document on 12th January, 1963, and as such is not eligible for the provident fund and gratuity. His application was opposed by the respondent and she denied that she was ever divorced by Khudabux. It was further stated that the respondent both as a widow and a nominee was entitled to receive the provident fund and gratuity from the railway and that the appellant had no right to the said amount. The learned District Judge framed the following issues:

(3.) THE learned District Judge after a consideration of that evidence held that the divorce of Mst. Zeeat by Khudabux was not proved. Having come to this finding he rejected the appellant's application holding that he was not entitled to succession certificate in the presence of the wife of the deceased i.e., the respondent. The appellant has now come in appeal and the contentions of the learned Counsel are: