Sukhrana Bai examined herself as AW1 along with three other witnesses, namely, Kanhaiyalal AW2 , Ram Prasad AW3 and Shivnath AW4 .
Relying on a reported decision in Smt.
The Trial Court also held that the Succession Certificate was liable to be issued in favour of Vidhyadhari and number in favour of Sukhrana Bai.
The Trial companyrt also referred to the proved fact that Sheetaldeen initially had numberinated Sukharana Bai as a numberinee indicating her to be his wife in Form A. After discussing the voluminous oral evidence led by the parties, the Trial Court held that Sukhrana Bai was earlier married to Sheetaldeen and there were numberissues out of this wedlock and thereafter Sheetaldeen married Vidhyadhari and for about 20 to 25 years he lived with Vidhyadhari till his death while Sukhrana Bai never came to stay with him.
Both the cases were joined and tried together by the Trial Court which allowed the application filed by Vidhyadhari SC No.3/96 and dismissed the one filed by Sukhrana Bai SC No.10/95 .
Sukhrana Bai claiming herself to be the widow of one Sheetaldeen.
On the basis of the evidence led, the Trial Court held Vidhyadhari to be the legal widow of deceased Sheetaldeen.
Savitri, Naresh Ramesh, Ms.Chanda Durga and Baliram mentioned in SC No.3/96 were sired by deceased Sheetaldeen and were his children.
Arising out of SLP C No.6758 of 2007 S. SIRPURKAR,J. Leave granted.
It was also held that the children Smt.
They were also held to be heirs of deceased Sheetaldeen.
Sheetaldeen was working as a CCM Helper in Mines P.K.1 of the Western Coalfields at Pathakheda and died on 9.5.1993 while in service.
Two separate applications came to be filed under Section 372 of the Indian Succession Act for obtaining succession certificate with respect to the movable properties of deceased Sheetaldeen, one of them was filed by Vidhyadhari registered as Succession Case No.3/96 while the other came to be filed by Sukhrana Bai which was registered as Succession Case No.10/95.
In its judgment the Trial Court referred to an admission made by Vidhyadhari in her affidavit Exhibit C 7 wherein she had stated on oath that she is the second wife of Sheetaldeen and Sukhrana Bai was the first wife.
A companymon judgment of the High Court of Madhya Pradesh at Jabalpur, disposing of two Miscellaneous Appeals is in challenge before us.
The appeals were filed by one Smt.
