D.C.CHAKRAVORTI
ANISUR RAHAMAN – Appellant
Versus
JALILAR RAHAMAN – Respondent
( 1 ) THIS Rule is directed against Order No. 20 dated 28-6-1978 made in Title Suit No. 21 of 1977 by the Munsif, Mathabhanga, in the district of Cooch-Behar. By the said order the learned Munsif disposed of applications made by three sets of persons claiming to be substituted in place of one Amina Khatoon, widow of Late Ishakuddin, who as the plaintiff brought the said suit. Admittedly said Amina Khatoon died issueless on February 26, 1978. There is no dispute between the parties regarding the legal position that if said Amina Khatoon at the time of her death were governed by Mohammedan Law of inheritance the present petitioners would have a claim to be substituted in her place as preferential heirs of said Amina Khatoon according to the provisions of Mahommedan Law of inheritance. It is the further admitted legal position that if said Amina Khatoon at the time of her death were governed by Dayabhaga School of Hindu Law in the matter of succession the Opposite Party No. 3 Yusufuddin would have the right to be substituted in place of Amina Khatoon. Another set of persons, namely, Matijanessa and Amina claimed to be substituted as the heirs of said Amina Khato
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