LAWS(PAT)-2022-12-70

NUTAN SINGH Vs. ESTATE OF SHANKAR SHARAN SINGH

Decided On December 16, 2022
NUTAN SINGH Appellant
V/S
Estate Of Shankar Sharan Singh Respondents

JUDGEMENT

(1.) The two appeals vide M.A. No.190 of 2010 and M.A. No.215 of 2012 have been preferred by the appellant herein against the common order and judgment dtd. 26/6/2009 passed by the learned Additional District and Sessions Judge, IV, Patna in Succession Case No.115 of 2002 (Smt. Nutan Singh vs. The Estate of Late Shankar Sharan Singh) and Succession Case No.123 of 2002 (Bibha Kumar Singh @ Bibha Singh and Vivek Singh vs. Estate of Late Shankar Sharan Singh) respectively by which while the appeal preferred by appellant herein (Succession Case No.115 of 2002) was dismissed, the Succession Case No.123 of 2002 (preferred by the respondent Bibha Kumari Singh) was allowed.

(2.) The matrix of facts giving rise to the present appeal is/are as follows:

(3.) As per the appellant, she married Late Shankar Sharan Singh on 7/6/1985. Her husband, an Assistant with the Sub-Jail, Barh, Patna became traceless on 20/7/1995. With the passage of time and as seven years lapsed, it was presumed under the law that he is no more.