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1999 Supreme(MP) 350

R.P.GUPTA
Shakun Bai wd/o Somnath Kushram – Appellant
Versus
Siya Bai wd/o Somnath – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: K.N. Agrawal, Adv.
For Respondents/Defendant: Satish Agrawal, Adv.

ORDER

R.P. Gupta, J.

1. This appeal is directed under Section 384 of Indian Succession Act, 1925 (hereinafter called 'the Act') against the order dated 31-1-1997 of Additional District Judge, Dindori, District Mandla, passed on a petition under Section 372 of the Act, directing issue of succession certificate of late Somnath in favour of respondents 1 to 3, in their capacity as his widow/daughter and son respectively to the extent of l/3rd share each. The petition claiming succession certificate moved by the appellants and respondent No. 4 was dismissed. The appellants and respondent No. 4 had claimed as widow and daughters and son of the late Shri Somnath Gond. Respondents 1 to 3 had also claimed in the same capacity. The respondents 1 to 3 succeeded. Some service benefits were payable to the heirs of the deceased Somnath. The appellants claimed that they belong to Gond tribe who follow custom of polygamy and there was also custom of marriage by wearing bangles (Chudi system) by the lady and further there was also custom of widow marriage also. These customs were continuing since time immemorial in their tribe, and were universally accepted customs and continuous. They had acquired











































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