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2012 Supreme(Gau) 514

ANIMA HAZARIKA
Putuli Begum – Appellant
Versus
Rehana Begum – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S. Dutta
For Respondents/Defendant: B. Islam, B. Hussain and P.B. Mazumdar

JUDGMENT

Mrs. Anima Hazarika, J.

1. Challenge in this appeal is made under Section 384 of the Indian Succession Act, 1925 against the order dated 15.07.2006 passed in Succession Revocation Misc. (J) Case No. 2 of 2002 whereby and where under the learned Ad-hoc Additional District Judge, Guwahati has revoked the Succession Certificate being No. 138 of 1999 issued in favour of the appellants on 11.05.1999 in S.C. Case No. 167/1999 on the application filed by the respondent herein under Section 383 of the Indian Succession Act 1925 (in short "the Act" only). The material facts leading to the issuance of Succession Certificate and its revocation made subsequently is summarized here in below: --

The appellants herein had applied for issuance of Succession Certificate in the Court of District Judge, Guwahati on the demise of her husband Kutub Ali in respect of the receivable assets. Kutub Ali expired on 24.12.1997 leaving behind the appellants who was a Government servant in Brahmaputra Flood Control Board at Guwahati and accordingly the learned District Judge issued a Succession Certificate on 11.05.1999 in the Succession Case No. 167/1999 in respect of GPF, revised arrear pay, leave salar




























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