GUWAHATI, India, Sept. 16 -- Gauhati High Court issued the following order on Aug. 18:
1. Heard Mr. H.P. Guwala, learned counsel for the petitioner in both the cases. Also heard Ms. R.B. Bora, learned Legal Aid Counsel for the respondents in Intest Case No. 01/2021 and Mr. K.R. Baruah, learned counsel for the respondents in Intest Case No. 02/2021.
2. In these cases, under Section 384 of the Indian Succession Act, 1925, the petitioner has challenged the common judgment and order dated 18.01.2021, passed by the learned Additional District Judge, Dibrugarh (trial court hereinafter), in Misc. (Succession) Case No. 104/2013 and in Misc. (Succession) Case No. 90/2013.
3. It is to be noted here that vide impugned judgment and order dated 18.01.2021, the learned trial Court had dismissed the Misc. (Succession) Case No. 104/2013 and allowed the Misc. (Succession) Case No. 90/2013.
4. As Intest Case Nos. 01/2021, and 02/2021, are arisen out of the same common judgment and order, dated 18.01.2021, passed by the learned trial Court, in Misc. (Succession) Case Nos. 104/2013, and Misc. (Succession) Case Nos. 90/2013, and as the subject matters of both the cases are same, being debts and securities of Late Kalyan Senchowa, and as the parties are also same, it is proposed to dispose of both the Intest cases, by this common judgment and order.
Background Facts:-
5. The Misc. (Succession) Case No. 104/2013, earlier Misc. (Succession) Case No. 124/2011, was filed on 08.07.2011, and the same was registered on the basis of one petition filed under Section 372 of the Indian Succession Act, 1925, in respect of the debts and securities left behind by Late Kalyan Senchowa (deceased), by the petitioners (1) Smti. Anu Singh (married sister); (2) Smti. Ranu Senchowa (unmarried sister); (3) Sri Jan Senchowa (brother); and (4) Sri Dhan Senchowa (brother). The debts and securities left behind by Late Kalyan Senchowa, Ex-Technician, GRT/SSE/PTG/DBWS, T/No. 1035 Painting Shop, are Provident Fund of Rs. 93,932/-; Group Insurance Rs. 40,943/-; Leave Salary Rs. 22,656/-; and Death cum Retirement Gratuity Rs. 3,57,560/-, altogether a sum of Rs. 5,15,091/- as mentioned in the Schedule of the petition.
5.1. And the Misc. (Succession) Case No. 90/2013, earlier Misc. (Succession) Case No. 87/2011, was filed on 21.05.2011, under Section 372 of the Indian Succession Act, 1925, in respect of the estate of the deceased Late Kalyan Senchowa, by the Petitioners (1) Smti. Monalisha Senchowa (wife); (2) Sri Rahul Senchowa (minor son); and (3) Sri Monoranjan Senchowa (minor son). Being the minor, the petitioners Nos. 2 & 3 were represented by the petitioner No. 1. The debts and securities left behind by the deceased, who worked in the Office of the Chief Mechanical Works Manager, N.F. Rallway, Dibrugarh, being his PF, Gratuity, Leave Salary, Insurance, etc. amounting to Rs. 5,14,531/-, as mentioned in the Schedule of the petition.
5.2. In Misc. (Succession) Case No. 104/2013, Smti. Monalisha Senchowa, being the opposite party, had filed her written objection denying the claim of the petitioners and pleaded her case as set forth in her Misc. (Succession) Case No. 90/2013. Similarly, in Misc. (Succession) Case No. 90/2013, Smti. Ranu Senchowa, Smti. Anu Singh, Sri Dhan Senchowa and Sri Jan Senchowa, being the opposite parties had filed their written objection denying the claims of the petitioners and pleaded their case as set forth in Misc. (Succession) Case No. 104/2013. They also stated that the petitioner No. 1, Smti. Monalisha Senchowa and her two minor sons are not the legal heirs of the deceased and that their names were also not recorded in the Service Book of the deceased with N.F. Railway, Dibrugarh, wherein the deceased was working.
*Rest of the document can be viewed at: (http://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoHs5dhAleKPGZqdlGqK%2FfiQJuMPvMvt7zIg8ZGrfLIXG&caseno=Intest.Cas./1/2021&cCode=1&cino=GAHC010040012021&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
