MATILDA M SANGMA Vs. TRIPTI DARIANG

JUDGEMENT

(1.) By way of this appeal under Rule 3 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014 read with Sections 299 and 384 of the Indian Succession Act, 1925, the appellants have assailed the order dated 05.10.2009 as passed in Succession Case No. 1 of 2002 whereby the Judicial Officer, First Class Magistrate, District Council Court, Tura has dismissed their claim of succession to the estate of late Shri Sudhin M. Sangma.

(2.) The order impugned is assailed essentially on the ground that the learned Magistrate had no jurisdiction to deal with this case involving competing claims of succession between the appellants on one hand and the respondent on the other.

(3.) Having heard learned counsel for the parties and having perused the material placed on record with reference to the law applicable, this Court is satisfied that the order impugned suffers from inherent lack of jurisdiction and is, therefore, required to be annulled; and the matter deserves to be restored for reconsideration in the proper forum. In this view of the matter, dilatation on all the factual aspects in not necessary and only a brief reference to the relevant background aspects would suffice.