Rebun Nessa VS Bibi Ayesha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ANIMA HAZARIKA
Rebun Nessa – Appellant
Versus
Bibi Ayesha – Respondent

Counsel for the Parties:
For the Petitioner:M.H. Rajbarbhuia, N.A. Laskar, A. Munnar, Advocates.
For the Respondents:A.M. Mazumdar, A. Choudhury, S. Islam, Advocates.

JUDGMENT

Mrs. Anima Hazarika, J.— Challenge in this appeal under Section 384 of the Indian Succession Act, 1925 is made against the judgment and order dated 4-3-2002 passed by the learned District Judge. Hailakandi, in Misc., (Succession) Case No. 97/99 titled as (Mustt, Ayesha and 3 others v. Mustt. Rebun Nessa and 2 others), whereby and whereunder the learned District Judge , Hailakandi, directed to issue the succession certificate in favour of the first wife (Mustt. Bibi Ayesha) and her three daughters including the opposite party Nos.2 & 3 depriving the second wife, the appellant herein, holding that she is the divorcee of the deceased Intaj Ali Laskar, therefore, not entitled to get the share in the debts and securities left by the deceased husband.

2. Heard Mr. MH Rajbarbhuiyan, learned counsel appearing for the appellant. Also heard Mr. AM Mazumdar, learned Senior counsel assisted by Mr. FKR Ahmed, learned counsel for the respondents.

3. The following facts would emerge from the facts pleaded by the contesting parties:

The petitioners, namely Bibi Ayesha, Khairun Nessa, Hayatun Nessa and Nur Khatun have filed a petition for grant of succession certificate in respect of debts