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2004 Supreme(Gau) 530

I.A.ANSARI
Sonabala Barman – Appellant
Versus
Ratna Sangma – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: U.S. Bhattacharya, Adv.
For Respondents/Defendant: S.R. Sen, Sr. Counsel and P.D.B. Baruah, Adv.

JUDGMENT

I.A. Ansari, J.

1. This appeal has arisen out of the order, dated 7-9-2001, passed by the learned Additional Deputy Commissioner, West Garo Hills, Tura, Meghalaya, in Succession Case No. 56/98.

2. The facts giving rise to the present appeal may, in brief, be set out as follows:-

(i) The appellant herein, namely, Sonabala Barman made an application under Section 372 of the Indian Succession Act, on 22-6-98, in the learned Court below, seeking grant of a succession certificate in respect of the debts and securities left by deceased Bimal Prasad Barman, the case of the petitioner-appellant being, in brief, thus : The petitioner married, in accordance with the Hindu rites and customs, Bimal Prasad Barman (since deceased) on 19-12-1972 and, upon marriage, they stayed together as husband and wife till the said deceased, who was, originally, a resident of village Katalbari under Phulbari Police Station, Tura, died on 27-11-1997, leaving behind, as his heirs, the petitioner and their 4 years old son, namely, Konal Barman. The said deceased also left behind 3 near relations, namely, Sushil Barman, Dhiren Barman and Smt. Ratna Sangma, (i.e., the respondent herein).

(ii) Based on the abov















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