(1.) HEARD Mr. P.C. Prusty, learned Counsel for the Appellant as well as Mr. C. Lalramzauva, learned Sr. counsel assisted by Mr. T. J. Lalnuntluanga, learned Counsel for the Respondents.
(2.) THE judgment and order dated 24 -2 -2011 is put in challenge in this instant appeal whereby and whereunder the learned Addl. District and Sessions Judge, Aizawl granted a succession certificate in favour of the Petitioners therein, the Respondents herein in respect of landed property and a building standing thereon covered under LSC No. AZL -741 of 1979.
(3.) THE Respondents herein jointly filed an application under Section 372 of the Indian Succession Act, 1925 for a succession certificate in respect of the landed property and with the building thereon covered under LSC No. AZL -741 of 1979 left by their deceased father Dal Bahadur Chhetri, who died intestate at his permanent residence at Maubawk, Aizawl. The aforesaid application was resisted by the Appellant herein stating inter alia therein that her deceased husband Mohan Chhetri was the only surviving son and inherited the property of his late father Dal Bahadur Chhetri. Said Dal Bahadur Chhetri was the son of Gaibir Chhetri, a permanent resident of Maubawk, Aizawl. He died intestate on 8 -7 -2001. He was predecessed by his wife. He left behind his son Mohon Chhetri and two daughters, namely, Pompha Chetri and Mala Chhetri. Said Dal Bahadur Chhetri died leaving no Will nor bequeathed his landed property to anybody.