Allahabad High Court
Smt. Javitri Devi vs Smt. Meera Devi And Others on 19 July, 2010
Author: Rakesh Tiwari
Bench: Rakesh Tiwari
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Court No. 1
Second Appeal No. 718 of 2010
Smt. Javitri Devi .....................Defendant/appellant.
Vs.
Smt. Meera Devi and others ......................Plaintiff/respondents.
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Hon'ble Rakesh Tiwari, J.
Heard learned counsel for the parties and perused the record. This second appeal has been filed against the judgment and orders dated 20.4.2009 and 8.4.2010 passed by the courts below in Original Suit No. 236 of 1997 and Civil Appeal No. 36 of 2009 respectively.
The brief facts of this case are that Latoori Singh was posted as a Constable in 35th Battalion of Boarder Security Force. He died on 18.2.1997. After his death, Smt. Meera Devi, plaintiff-respondent no. 1 filed an application claiming for recovery of the retiral benefits, pension etc. of late Latoori Singh claiming herself to be his legally wedded wife. The payment was denied to her by the authorities concerned directing her to file succession certificate issued by the Competent Court. In the aforesaid circumstances, the plaintiff- respondent no. 1 filed original suit no. 236 of 1997: Smt. Meera Devi Vs. Smt. Javitri Devi in the court of Civil Judge (Junior Division), claiming herself to be legally wedded wife of Latoori Singh (since deceased) and entitle to get whole property and money including retiral benefits and pension from the department concerned.
The defendant-appellant (mother of the deceased) contested the suit and has stated that no marriage was solemnized between the plaintiff-respondent no. 1 and her son Latoori Singh, who died unmarried. Smt. Javitri Devi claimed her entitlement to retiral benefits on the ground that she being the real mother, sole legal heir of her deceased son as she has been recorded in service records of her 2 son for receiving the service benefits of her son in case he predeceased her.
The trial court on appreciation of oral documentary evidence produced by the parties decreed the suit vide judgment and order dated 20.4.2009 declaring her to be widow and legal heir of Late Latoori Singh for getting retiral benefits.
Aggrieved by the judgment and order of the appellate court defendant-appellant filed Civil Appeal No. 36 of 2009:
Smt. Javitri Devi Vs. Smt. Meera Devi which was also dismissed by the appellate court vide its judgment and order dated 8.4.2010. Hence the present second appeal has been filed by Smt. Javitri Devi mother of deceased Latoori Singh.
Considering the fact that Smt. Javitri Devi is admittedly the mother, and the fact that claim of Smt. Meera Devi that she is declared as legally wedded wife of Late Latoori Singh by both the courts below, it is directed that all the amounts regarding retiral benefits i.e. pension, gratuity etc. of Late Latoori Singh in possession of defendants no. 2 and 3 shall be invested by them jointly in the name of Smt. Meera and Smt. Javitri Devi by way of fixed deposit in a nationalized bank within a period of six weeks from today. The interest accruing on the aforesaid amount shall be paid every quarterly to both of them i.e. Smt. Meera Devi and Smt. Javitri Devi equally, during pendency of this second appeal which is admitted on the following substantial questions of law:
(1) As to whether the amount of pension and retiral benefits can be paid only to the nominee and not to other legal heirs and representative of the deceased?
(2) As to whether the courts below have overlooked the evidence in deciding the case between the parties?3
Office is directed to summon the lower court record. Steps to be taken within a week from today.
As prayed by counsel for the respondents no. 2 and 3, counter affidavit may be filed within six weeks. Rejoinder affidavit may be filed within a period of four weeks, thereafter. List after expiry of the aforesaid period. When the case is listed next, Sri Vinod Shanker Tripathi for respondent no. 1 and name of Sri Mithilesh Chand Tripathi, Advocate shall be shown as counsel for respondents no. 2 and 3.
In the meantime, parties are directed to maintain status quo as of date in respect of the landed property of the deceased Latoori Singh which shall neither be alienated by the parties nor its nature shall be changed by them. Dated: 19.7.2010 RCT/-
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