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1994 Supreme(Raj) 632

M.C.JAIN
Pintoo – Appellant
Versus
Bhoop Singh – Respondent


JUDGMENT

1. - This appeal has been filed under Section 384, Indian Succession Act, 1925 (hereinafter called 'the Act') against the order of the learned District Judge, Dholpur dated February 18., 1991 by which he has allowed the application of the respondent Bhoop Singh moved under Section 372 of the Act and ordered for the issue of succession certificate in his favour in respect of the amount of gratuity of late Keshav Singh. The facts of the case giving rise to this appeal may be summarised thus.

2. Keshav Singh was in the service of the State of Rajasthan as a teacher. Till his death, he was a bachelor. He left no nomination in respect of his amount of gratuity. His parents died during his life-time. His brother Bhoop Singh moved an application under Section 372, of the Act for obtaining succession certificate in respect of the gratuity amount of Rs. 18,907/-. In this application, Smt. Asha and Badam Singh were shown as the widow of Sunder Singh (brother of Keshav Singh) and cousin respectively. The application was opposed by Pintoo and Kale, sons of late Sunder Singh through Smt. Asha Devi. After framing necessary issues and recording the evidence of the parties, the learned Dis



















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