JUDGMENT :

P.C. Misra, J. - Defendant in Title Suit No. 17 of 1987 of the Court of Munsif, Sambalpur is the appellant in this appeal challenging the reversing judgment passed by the Additional District Judge, Sambalpur in Title Appeal No. 36/11 of 1987/88. The plaintiff filed the aforesaid suit for a declaration that she .is the wife of Bharat Patel (since dead) and she is entitled to get the family pension on account of the death of her husband.

Bharat Patel was working as a Daftari in the Collectorate of Sambalpur. He died on 4.10.1975. After his death the plaintiff as the second wife of late Bharat was Paid family pension, gratuity etc. for the period from 5.10.1975 to 28.2.1982. By order dated 12.3.1982 the Collector, Sambalpur withheld the family pension sanctioned in favour of the plaintiff on the ground that the plaintiff is not legally married wife of late Bharat Patel. The plaintiff made a representation to the Collector as well as to the Accountant General Orissa alleging that she is the legally married second wife of late Bharat Patel and is entitled to receive the family pension etc. Thereupon the plaintiff was instructed in March, 1986 to produce succession certificate f