BINOD KUMAR PATHAK Vs. RAJESH NANDAN PATHAK

JUDGEMENT

(1.) Heard Mr. S.K. Sharma, learned counsel for the appellants and Mr. B.V. Kumar, learned counsel for the respondent No. 1.

(2.) This appeal has been filed challenging the validity and legality of the judgment dtd. 22/7/2016 passed by the learned Principal District Judge, Gumla in Succession Case No. 03/2014 whereby succession petition was partly allowed and directed to issue succession certificate of 1/3rd amount in favour of the respondent no. 1.

(3.) The case of the petitioner/respondent no. 1 is that petition under Sec. 372 of the Indian Succession Act, 1925 has been filed praying there to grant Succession certificate. The case of the petitioner in short is that the petitioner is the adopted son of Late Manindra Kumar Pathak and live with adoptive parents till their death. Further, Raghunandan Pathak grand father of the petitioner had five sons namely Vishwanath Pathak, Kishori Mohan Pathak, Manindar Kumar Pathak, Binod Kumar Pathak and Manoj Kumar Pathak. Further, Manindra Kumar Pathak was posted in N.T.PC at Bongai Gaon of Assam State and he had no issue. In April 1995, during the marriage ceremony of their nephew Anirudh Kumar Pathak, Manindra Kumar Pathak and his wife came and doctor have opined that there is no chance of giving birth of any child, thereafter Manindra Kumar Pathak and his wife requested Manoj Kumar Pathak, whose wife was pregnant, at the that time, to give the child, who is in the womb of his wife, in adoption and with the consent of the family members, Manoj Kumar Pathak and his wife Smt. Manorama Pathak agreed with the decision of the family and ready to give her child, who is in her womb to give them in adoption. Further, after marriage, which was held on 11/5/1995, Manindra Kumar Pathak left for his serive place in Assam leaving his wife Subhadra Pathak at Chainpur and when on 7/7/1995, in the night Manorama Pathak wife of Manoj Kumar Pathak gave birth of a male child (petitioner), then the same child was handed over in the lap of Subhadra Pathak. Further, during Dushhara festival, Manindra Kumar Pathak came at Chainpur from Assam and a function was held on 8/10/1995 and Manoj Kumar Pathak and his wife Manorama Pathak gave the child in the lap of Subhadra Pathak and Manindra Kumar Pathak and the family members including villagers participated in the function and after adoption the petitioner reside with their adoptive mother and father. Further, thereafter Manindra Kumar Pathak was transferred to Ramchandarpur Sub Station at Gamharia Block (Jamshedpur), where he died in 2004 and his body was brought to Gumla. Thereafter the wife of Manindra Kumar Pathak Subhadra Pathak started to live at Shanti Nagar Gumla in the house built by her husband with the petitioner, where she died in the year 2009. The last rites of the adoptive father and mother have been performed by this petitioner in the Muktidham, Gumla and the register maintained in the Muktidham shows that petitioner has put fire in the mouth of his adoptive parents. Further, on 13/2/96, Manindra Kumar Pathak applied for a child money back policy in his name with the petitioner and the petitioner has received the first installment after attaining the majority. Further, Manindra Kumar Pathak also fixed Rs.10,000.00 in the name of petitioner in the S.B.I Branch which was paid to the petitioner on 16/7/2014. Further, Subhadra Pathak had opened S.B Account, in UCO Bank Branch Gumla, in which petitioner was nominee and after attending majority, the fixed amount of S.B account has been transferred to the account of petitioner. Further, after the death of Manindra Kumar Pathak his wife and petitioner got E.P.F pension vide P.P.O No. JH/RAN/36513 and after death of adoptive mother, the petitioner is receiving E.P.F in his S.B. Account No. 49131211000002 in B.O.I Branch at Gumla till 23/3/2009 and Rs.93,167.00 is lying in her account, which the petitioner is entitled to receive. Further, in all the educational Certificate of the petitioner, the name of Manindra Kumar Pathak and Subhadra Pathak are shown as father and mother of the petitioner and in the Service Book of Manindra Kumar Pathak, the name of petitioner is mentioned and in the medical Card also the name of the petitioner is mentioned and on the ground that he is the adopted son of Late Manindra Kumar Pathak and Late Subhadra Pathak, petitioner is entitled to get the amount, which has been deposited in the bank shown in schedule given below and for that the petitioner prays for issuance of Succession certificate.