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1991 Supreme(MP) 442

K.M.AGRAWAL
Guddi Bai – Appellant
Versus
Puran Sai – Respondent


JUDGMENT

K.M. Agarwal, J.

1. This is objector's appeal under Section 384 of the Indian Succession Act, 1925, (in short, the "Act"), against grant of succession certificate to the respondent in respect of certain amounts payable to the deceas-Budha Bahadur.

2. Budha Bahadur was working as Section Guard in Korea Colliery of the South Eastern Coal-fields Ltd. He died on 28-10-1988. After his death, his father Amar Sai and brother Pooran Sai applied for succession certificate under Section 372 of the Act in the Court of Additional District Judge, Manendragarh, Circuit Baikunthpur, District Sarguja. It was registered as Succession Case No. 2 of 1989. The father Amar Sai died during pendency of the proceedings and his name was struck out. The appellant came forward to object the grant of succession certificate to the respondent by claiming herself to be the widow of the deceased. Her claim was rejected and succession certificate was directed to be issued in favour of the respondent by the impugned order dated 29.8.1990. Being aggrieved, she has preferred this appeal.

3. It is necessary to mention here that the appellant had also applied for succession certificate by filing an application und




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