Section 14
|
Hindu Law of Inheritance (Amendment) Act, 1929
Sections 154, 155, 156 and 157
Constitution of Bangladesh, 1972
Article 28, 27, 19
Code of Civil Procedure
Section 115(1) r/w
Hindu Succession Act, 1956
Section 14
In the trial court, the plaintiff examined 4 PWs and the defendants
examined 6 DWs. All the witnesses were cross examined. Some documents were
adduced in evidence and marked as exhibits. ––Upon hearing the parties
and perusing the evidence on record, learned Assistant Judge decreed the
suit infavour of the plaintiff vide judgment and decree dated 26.02.1995
holding that ‘by amendment of Hindu Law of Inheritance, 1929’ the
daughter’s daughter are included as heirs and according to that law the
plaintiff inherited the property left by Rukkhini Dashi. ––Being
aggrieved, the contesting defendants preferred Title Appeal being No.92 of
1995 in the Court of learned District Judge, Khulna, and on transfer the
appeal was heard by the learned Additional District Judge, Court No.1,
Khulna, who after hearing the parties dismissed the appeal by his judgment
and decree dated 23.03.1999 affirming the judgment and decree of the trial
court. ––Having aggrieved, the defendant-appellants filed Civil
Revision No.2049 of 1999 under Section 115(1) of the Code of Civil
Procedure before the High Court Division. In revision, the learned Single
Judge of the High Court Division discharged the Rule vide judgment and
order dated 04.07.2000 affirming the judgment and decree of the appellate
court below. ––Appellate Division is of the view that the suit property
being Stridhana of Rukkhini Dashi will lawfully devolve upon the plaintiff
Elokeshi, Rukkhini’s daughter’s daughter according to her faith law
‘The Dayabhaga’. However, the trial court’s view on ‘The Hindu Law
of Inheritance (Amendment) Act, 1929’, affirmed by the court of appeal
and revision is hereby expunged. .....Shishubar Dhali =VS= Chitta Ranjan
Mondol, (Civil), 2023(1) [14 LM (AD) 62]
....View Full Judgment
|
Shishubar Dhali =VS= Chitta Ranjan Mondol |
14 LM (AD) 62 |