MOST. RAJANI HEMBROM Vs. MERY MURMU

JUDGEMENT

(1.) This miscellaneous appeal is directed against the judgment dated 3.8.2005 passed by Sri Ananat Vijay Singh, District Judge, Dumka in Succession Certificate Case No. 02 of 2001/Title Suit No. 01 of 2002. It is submitted by the learned counsel for the appellant that the trial court while passing the judgment, has failed to consider all the evidences adduced by the parties and without considering their cases and documents he has passed the impugned judgment, which is bad in law and only fit to be set aside.

(2.) On the other hand, learned counsel appearing for the respondent has submitted that the documents and witnesses produced by the respondent, Mery Murmu beyond reasonable doubt and on the basis of the document of the petitioner-appellant,Most. Rajani Hembram a case of maintenance under Sec. 125 Cr. P. C. filed before the Chief Judicial Magistrate, Dumka, which was registered as Cr. Misc. Case No. 43/1976 in which there was a clear finding that she is not the wife of deceased, Sanatan Tudu, which was confirmed by the Session Judge, Dumka in Cr. Rev. No. 25 /77/48/79, hence the learned trial court relying on the evidence and document of the objector rightly came to a finding that only the objector,Mery Murmu is the legally wedded wife and entitled to get succession certificate.

(3.) After hearing both the parties and going through the record, I find that the appellant, Most. Rajani Hembram filed an application before the District Judge, Dumka for getting a succession certificate with regard to the gratuity, provident fund and other dues belonging to the deceased, late Sanatan Tudu, who was earlier working as a Headmaster in Primary School Jamkanali, Block Amrapara, District Pakur. The applicant-appellant, Most. Rajani Hembrom claimed that she is the legally wedded wife of deceased, late Sanatan Tudu, who died on 18.1.2001 at village Dhobna, P.S. Masalia. She gave the details of the due chart, which are as under and which are lying in the office of D.S.E., Pakur: <FRM>JUDGEMENT_279_LAWS(JHAR)4_2010_1.html</FRM> She also stated that she has also got a son, namely, Albind Tudu aged about 25 years and Most.Rajani Hembram aged about 45 years widow of late Sanatan Tudu, both are residents of Golbandha, P.S. Masalai, District Dumka.