LALCHHUANAWMI TOCHHAWNG Vs. BALBINA MARY TANGLIEH

JUDGEMENT

(1.) The brief facts of this case is that the petitioner claiming to be the wife of one (L) Vanlalruata Zahau had applied for a Succession Certificate before the Court of the Judge, District Council Court, Shillong which was granted to her. However, it appears when the petitioner approached the concerned authorities for release of the pension benefits of her deceased husband, she came to learn that the respondent No.1 had already obtained a Succession Certificate and had also received the pensionary benefits of the deceased. Being aggrieved thereby, the petitioner had filed a revocation application for cancellation of the Succession Certificate which had been granted to the respondent No.1. The Judge, District Council Court after hearing both the parties and examining the evidence led through their respective witnesses, then by the impugned judgment and order dtd. 27/4/2018, rejected the prayer of the petitioner by holding that the respondent No.1 was able to prove her case beyond reasonable doubt that she was the rightful wife of the deceased. Being aggrieved thereby, the petitioner is before this Court by way of this revision application.

(2.) It is noted and has also been pointed out by the learned Sr. counsel for the respondents that instead of an appeal being preferred under Sec. 384 of the Indian Succession Act, 1925, which provides for appeals against an order granting, refusing or revoking a certificate, the petitioner has approached this Court under Rule 6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014. On this ground alone this petition could have been returned to the petitioner but however for the ends of justice, this revision application is being taken up and treated as an appeal which has been preferred under Sec. 384 of the Indian Succession Act.

(3.) I have heard learned counsel, Ms. L.Khiangte for the petitioner and Mr. S.P.Mahanta, learned Sr. counsel assisted by Mr. M.Lyngdoh, on behalf of the respondent No.1.