Respondents HIGH COURT OF CHHATTIS(S'ARH; BILASPUR S.B. HON'BLE SHRI VIJAV KUAAAR SHRIVASTAVA. J CIVIL REVISION N0.109/2003 1) Smt Shanti t)evi, W/o Late Shr! Satyanaroyana Singh, aged about 42 years 2) Sanjay Singh, S/o Late Shri Sat/anarayan Singh, aged about 22 years 3) Sushil Singh S/o Late Shri Satyanarayan Singh, aged about 18 years. All are residents of village Sairrai, PO &a"ridih, PS Ambikapur, Tah-Lundra, C)isn Sarguja (CG) Vs. 1) Smt Bijal Devi Widow of Late Shri '' Satycincrayan Singh, aged about 46 years 2) Manoj Kumar, S/o Late Shri Satyanarayan Sin9h, aged about 25 years 3) Sushma, t)/o Late Shri Scttyanaroyan Sin9h, aged about 23 years 4) Santosh Singh, S/o Late Shri Sa-tyanarayan 5ingh, aged about 20 years Ail are residents of viiiage Sairrai, PO Darridih, PS Ambikapur, Tah-Lundra, Disn Sarguja (C<5)^' Non-appliccnts Appellants Non-applicants Respondents 5) bivisional Forest Officer East Region, Office of the Forest Department, Near Pratappur Naaka, Ambikapur Distr Surguja 6) Conservator of forest, Surguja Circle, Ambikapur, t)ist Sarguja C& PRESENT: Shri DN Prajapati, counsel for the applicants. Shri SK AAehta with Shri NK Mehta, counsel for the non- applicants No. 1 to 4. Shri J& Bajpai, Sovernment Advocate for the State / non- applicants No.5 & 6. ORDER ( Passed on 9T" January) This Revision is directed against the order dated 07.02.2003 passed by VI Additional District Judge (FTC), Ambikapur in Miscellaneous Civil Appeal No.6/2002, whereby the appeal has been allowed, with a direction to issue succession certificate on payment of Court- fee in favour of appellants and respondents Sanjay, Santosh and Sushil, declaring each of them Th to be entitled for 1/6 share. !) Smt Bijal Devi, Manoj Kumar and Sushma filed an applicotion under- Section 372 of the Indian Succession Act for grant of ajccession certificate in respect of retiral benefits accrued, as a result of the death of Satycmarayan Singh, was husbcuid of Bijal Devi and father of AAanoj Kumar and Sushma. Satyanarayon Singh was a government employee in the sub-ordination of Divisiona! Forest Officer and Conservator of Forest, non-applicants No.5 & 6. He died on 08.11.1997. The ication was opposed by Smt Shomti Devi, Sanjay Singh, Santosh Singh and Sushil Singh on the ground that Smt Shanti Devi is the legalty wedded wife of Satyanarayan Singh; Sanjay, Santosh & Sushil are his iegitimate children, whereas Smt Bijal Devi is kept of Sctyanarayan Singh; Manoj and Sushma are the iliegitimate chitdr'en of Scmtyanarayan Singh. They also pray to grant a succession certificate in their favour. 3) Both the parties adduced oral and documentary evidence in favour of their case. Lear'ned Ciyi! .Judge Class I Ambikapur o.fter evaluating the evidence, held that Santi Devi is the legojly wedded wife of Satyonaroycsn Singh an.d her three sons are legitimate children, who are the successors of late Satyanarayan Singh, therefore, dismissed the application filed by Smt Bijal t)evi <& others by his order dated 06.04.2002, passed in succession case No.3/1999. Aggrieved with that order, non-applicants No.l to 3 filed an appeal, and as a result of that appeal, the impugned order has been passed by the i.te Court. 4) During the argument, appiicants limited their revision to the extent that Smt Shanti Devi is also legally wedded wife of Satyanarayan Singh, and entitled for 1/7 share of his property. Therefore, part'ies are heard finally on the limited question. 5) Learned appellate Court, after due appreciation of evidence, held that, Bijo.i Devi is the legally married wife of Late .Satyo.naro.yan S!n9h. Learned counse! for the applicants contended that Bija! Devi in her statement recorded by Naib Tahsildar, Lundra on 17.12.1998 has admitted that Shanti Devi is the first wife of Satyanarayan Singh and when she was married, by that time Shanti bevi had no chiidren. Therefore, on this basis, it was to be declared that Shanti Devi is the legally wedded wife of Satyanarayan Singh. Per contra, learned counsel for non-applicants No.l to 4 argued that, Naib Tahsildar Lundra has no jurisdiction to record such a statement which Bijal Devi never gave. Naib Tahsildar Lundra has not been examined to prove Ex.D/1. Therefore, learned appellate Couri' properiy appr-eciated the validity of said document and also after due appreciation of evidence, heid Bijal Devi to be the legally wedded wife of Satyanarayan Singh. ?) Smt Bijal Dsvi, AW-3 in her statement, stated that neither any enquiry has been made nor she has given any statement. She also stated that she was married to Satyanarayana Singh and thereafter he kept Shanti Devi. In her cross examination, she denie.d the statement of Ex.b/1 and stated that no such statement has been given by her. She admits her signature on Ex.D/1 and explained that Tahsildar gave her impression that amount is to be wit'ndrawn and thereby obtained her signature. To prove Ex.D-1, the officer recorded it has neither been calied nor been examined. NAW-2 Dheersai in his cross examination stated that Satyanarayan Singh married Bijai Devi. When Sh.anti Devi came, at that time AAanoj was born and his age was 4-5 years and Sijo.l t)evi was again pregnont. Shanti bevi, NAW-1 in her cross examination stated that after marriage, she was left by her husband for two years cmd when she came, by that time, Manoj 6 was born. If both the evidences are read together, then it will be- evident that Shanti bevi after her marriage was away from her husbond on!y for two yeors ond when she co.me back, by that time, Mcmoj, who was born out of the wedlock of Bijal Devi and Satyanarayan Singh was aged about 4-5 years. Therefore, it appears that after the marriage of Bijal Devi with Satyanarayan Singh, Shanti Devi was married to him. Ex.P-3 is the certified copy of order passed Judicial Magistrate 1 Class Ambikapur in AAisc Criminal Case No.194/94 on 1-12-1995. This is an order on aDpiication filed under Section 127 of the Cr.P.C. for enhancement of maintenance amount. The order had been. passed against Satyanarayan Singh, who never objected that Bijal Devi is not his legally wedded wife. The Court accepting Bijat Devi to be the legal wife of Satyanarayan Singh, enhanced the maintenance amount. This judicial order also corroborates the fact that Bijal Devi is the legally married wife of Satyanarayan Singh. 9) In the result, I CMTI of the opinion that iearned appellate Court wh.o after meticulous appreciation ojr all the evidence, held Bijal Devi to be the fjrst leaally married wife of Satyanarayan Singh, did not commit any error, therefore, the impugned order does not call for any fnterference. The revision is liable to be dismissed and is accordingly dismissed. Sd/- V.K.Shrivastava Judge padma