SHAIK TARA BEGUM Vs. SHAIK SARTAJ BEGUM
LAWS(APH)-2010-6-21
HIGH COURT OF ANDHRA PRADESH
Decided on June 01,2010

SHAIK TARA BEGUM Appellant
VERSUS
SHAIK SARTAJ BEGUM Respondents

JUDGEMENT

- (1.)The petitioner is the younger sister of the 1st respondent. The latter was married to Shaik Anwar Basha, on 28.12.1975, who was employed as attender in the Commercial Tax Department. The 2nd respondent was said to have been born out of that wedlock, in the year 1979. Anwar Basha died due to heart attack on 07.05.2004.
(2.)Respondents 1 and 2 filed succession O.P. No. 13 of 2004 in the Court of Principal Junior Civil Judge, Kadapa, in relation to the service benefits of the deceased. The 1st petitioner herein was impleaded as the sole respondent. She filed a counter stating, inter alia, that the 2nd respondent is not the son of the 1st respondent at all. She stated that with the consent and approval of the 1st respondent, she married Anwar Basha, according to Muslim Law, on 15.05.1976, and out of their wedlock, petitioners 2, 3, and 4 and respondent No. 3 were born. An objection, as to non-joinder of necessary parties, was raised.
(3.)Through its order, dated 26.07.2006, the trial Court partly allowed the O.P., holding that the 1st respondent, petitioners and the 3rd respondent are the legal heirs of the deceased, and they are entitled to receive his death-cum-pensionary benefits. It was further held that the 2nd respondent is not entitled to receive any benefits.


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