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