This appeal, preferred under Sec tion 299 of the Indian Succession Act, 1925, is directed against the judgment and order dated 25-09-2004, passed in Succession Suit No. 01 of 2001 by learned Addl. District Judge/f. T. C. VII, Dehradun.

2. Brief facts of the case, are that appellant Neeraj Kumar Goyal is real brother of his deceased sister Sushma Goyal, who died on 18-11-1990. At the time of her death she was employed with Indian Drugs and Pharmaceuticals Ltd. , Rishikesh. As per appellants case, she left behind her father Triloki Nath Goyal and two sisters Sashibala and Veerbala, apart from the appellant. Mother of the deceased Sushma Goyal had already died on 17-06-1990. The appellant sought succession certificate in respect of the gratuity, group insur ance etc. amounting to Rs. 67,0827-due to the deceased. Initially, the ap plication of the appellant, which was registered as case No. 222 of 1991, was allowed on 12-02-1993 and succession certificate was issued in his name. But it appears that respondent Krishan Lal filed simultaneously another application before the Civil Judge, Haridwar, for succession certificate, claiming himself to be the husband of the deceased. Said case wa

Click Here to Read the rest of this document