JUDGMENT :

1. Heard Mr. M.A. Sheikh, learned counsel for the appellant. Also heard Mr. D. Dey, learned counsel appearing for the respondents.

2. This appeal is directed against the judgment and order dated 12-03-2010 passed by the learned District Judge, Lakhimpur, North Lakhimpur in connection with Misc. (Succession) Case No. 45/2007 filed by the present appellant as petitioner whereby the prayer for issuance of succession certificate was rejected by the learned court below. The appellant herein, who was the petitioner in Misc. (Succession) Case No. 45/2007, is the brother of Late Amiya Phukan Baruah. Amiya Phukan Baruah had died leaving behind valuable immoveable properties. The deceased sister of the appellant was a Govt. servant and has retired from service under the "Voluntary Retirement Scheme" (VRS) whereby she had received substantial retireal benefits from her employer. The husband of the deceased sister of the petitioner had predeceased her. After the death of her husband late Amiya Phukan Baruah started living with the appellant and ultimately died in his residence. After the death of late Amiya Phukan Baruah, the appellant had instituted the aforesaid succession case und