RAJENDRA CHHETRI Vs. DEVI MAYA CHETTRI

JUDGEMENT

(1.) Heard Mr. A.K. Upadhyaya, learned Senior Counsel, assisted by Ms. Rachhitta Rai appearing for the appellant, Mr. T.B. Thapa, learned Senior Counsel assisted by Mr. B.K. Gupta for respondent no. 1 and Ms. Puja Lamichaney, learned counsel appearing for respondent nos. 3, 4 and 5.

(2.) An application under Section 372 of the Indian Succession Act, 1925 (for short, the 1925 Act) for grant of Succession Certificate in respect of a sum of Rs.6,99,699/- being the payment of arrears due to Karna Bahadur Chettri, who died on 22.11.2010, from Sikkim Public Service Commission(SPSC),was filed by the appellant in the Court of District Judge, East and North, Sikkim at Gangtok wherein the same was registered as Civil Misc. Case (Succession) No. 43 of 2014. By the said application, the appellant had prayed for grant of Succession Certificate along with a prayer to direct SPSC to allow the appellant and respondent no. 1 to collect and receive 50% each out of the dues and securities standing in the name of late Karna Bahadur Chettri.

(3.) This appeal is preferred against the judgment dated 31.12.2015 passed by the learned District Judge, East District at Gangtok, in Civil Misc. Case (Succession) No. 43 of 2014, whereby the sum of Rs.6,99,699/- was directed to be divided into five equal proportion of Rs.1,39,939.80 each for the appellant, respondent no. 1 and respondent nos. 3, 4 and 5.