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2018 Supreme(Megh) 13

MOHAMMAD YAQOOB MIR
Pelinda Swett – Appellant
Versus
Dwin Lyngshiang – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. K. Khan
For the Respondents: Mr. H.S. Thangkhiew, Mr. S. Saraogi

JUDGMENT :

1. Appeal under Section 299 of the Indian Succession Act, 1925 is against the order dated 10.11.2014 passed by the learned Judge, District Council Court, Shillong, in Probate Case No.2 of 2011, where-under, petition seeking probate of the Will has been dismissed.

2. Appellants are sisters and brother of the deceased (L) Phelinda Swett. Deceased was serving as Registrar of MeSEB, Lumjingshai, Mawroh, Shillong. She has left behind the following debts, securities and other properties:-

“A.

(i) D.C.R.G. Rs.2,32,000/-

(ii) Leave Encashment for 170 Days at Rs.14,925/- plus D.A. of Rs.1,740/- Rs.95,569/-

(iii) Family Pension Rs.7,463/-

(iv) Pay for the month of Feb, 2003 Rs.12,999/-

(v) Pay for the Month of March, 2003 Rs.11,946/-

(vi) Pay for the month of April, 2003 Rs.15,249/-

Total Rs.3,75,225/-

(Rupees three lakh seventy five thousand two hundred twenty five) only.

B. House and land at Lumbasuk, Lawjynriew, Nongthymmai, Shillong-14. The land in which this House is standing is bounded as follows:-

NORTH Approach Road to Plot No.1 64ft.

EAST Land of the Owner S.L. Barua 82ft

SOUTH Land of the Owner S.L. Barua 45ft

WEST Lumpyngngad Road 75ft.”

3. The deceased (L) Phelinda Swett has executed


























































































































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