U.B. Saha, J.

This appeal under Section 299 of the Indian Succession Act, 1925 read with Section 96 of the Code of Civil Procedure, 1908 has been filed by the appellant against the judgment dated 23.09.2010 passed by the learned Addl. District Judge (Court No. 3), West Tripura, Agartala in Title Suit (Probate) 1 of 2009.

2. Heard Mr. Sekhar Datta, learned counsel appearing for the appellant as well as Mr. P.R. Barman, learned counsel appearing for the respondents.

3. The facts of the case, needed for disposal, in a short compass, are as following:

4. The deceased Arun Khasnabish died on 6.4.2005 leaving behind the appellant and the respondents herein as his legal heirs. Mother of the respondents Smt. Ama Khasnabish died leaving behind the respondent No. 1 and 2 at the age of 4/5 years and 2 years respectively. After the death of Ama Khasnabish, Arun Khasnabish during his life time married the appellant on 14.8.1981 according to Hindu customs and rites.

5. After the death of Arun Khasnabish, the respondents left the house of Arun Khasnabish leaving behind the appellant in the month of May, 2005 and since then the appellant has been leaving in the house of her husband and she us