S.P.KHARE
ASHISH KUMAR – Appellant
Versus
LEELA BAI – Respondent
( 1 ) THIS is a revision by the applicants against the order by which their appeal under S. 384 of the Indian Succession Act challenging the order refusing to grant a succession certificate in their favour on their application under S. 372 of the Act, has been dismissed.
( 2 ) IT is not in dispute that deceased Shakuntalabai was a teacher in Primary School, Chandana and she died on 7-6-1998. Non-applicant Smt. Leela Bai was her mother. Shakuntalabai declared name of her mother Smt. Leela Bai in the Government records as her nominee.
( 3 ) APPLICANT No. 2nathuram claims to be the husband and applicant No. 1 Ashinsh Kumar, aged 7 years, claims to be son of Shakuntalabai. They submitted an application under S. 372 of the Indian succession Act for grant of a succession certificate in their favour. Non-applicant No. 1 Smt. Leela bai, mother of Shakuntala bai, opposed this application. According to her, the applicants are not in any way related to Shakuntalabai as she died unmarried. The court of civil Judge, Cl. I. Balaghat after appreciation of the evidence adduced by both the parties held that applicant No. 2 Nathuram is not the husband of Shakuntalabai. It was found th
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