The Commissioner vs Ariyamala on 1 April, 2002
18. If the facts are tested in the teeth of the above ratio laid
down by the Apex Court, I have no hesitation to hold that the factum of
marriage between the plaintiff and Subramani, son of Govindasamy after
the death of her husband Subramanian, son of Rangasamy, merely based on
the document marked as Ex.B4 has not been proved. If that be so, the
refusal to pay the family pension to the plaintiff from 1.1.199 0 as per
the letter dated 14.6.1990, in my considered opinion, is held to be
illegal, as rightly held by the learned Additional District Judge,
Pondicherry. Hence, finding no substantial question of law, this second
appeal is dismissed. No costs. Consequently, C.M.P.No.2551 of 2002 is
also dismissed.