- (1.) This is an appeal against judgment and order dated July 31, 2008 passed by the learned District Judge, Andaman and Nicobar Islands, in Misc. Judicial Case No. 39 of 2001. The learned District Judge rejected an application filed by this appellant under Section 372 of the Indian Succession Act, 1925.
(2.) The facts leading to filing of the appeal are summarized as under: a) One Pashupati Sardar was a resident of Shoolbay. He was an employee of the Forest Department. He died intestate on May 21, 2001. b) This appellant, Lalita Mondal, filed the said application under Section 372 of the Indian Succession Act, 1925, for succession certificate in respect of the debts and securities of the said Pashupati Sardar. She contended that she was the wife of the deceased. c) The application for grant of succession certificate was registered as Misc. Judicial Case No. 39 of 2001 in the Court of the learned District Judge, Andaman and Nicobar Islands. d) The application was contested by the brothers of the deceased, namely, Pathiti Sardar and Pavan Sardar. They jointly filed a written objection. In substance, they disputed the marriage between the deceased and the appellant. It was stated that the deceased did not marry the appellant; the appellant, namely, Lalita Mondal, on the contrary, was the mistress and/or concubine of the deceased, Pashupati Sardar. The brothers prayed succession certificate in their favour as Lalita Mondal was not the heir and legal representative of the deceased Pashupati Sardar. e) The learned District Judge rejected the application filed by this appellant. f) Being aggrieved by and dissatisfied with the said judgment and order dated July 31, 2008, the appellant has filed this appeal.
(3.) The appellant, Lalita Mondal, deposed as witness No. 1 for the petitioner. She stated that her marriage with Pashupati was solemnized on May 13, 2001 in presence of the villagers, the Panchayat member, the Panchayat Pradhan and the priest. She stated in cross-examination that Sabitri Devi, the then Gram Pradhan of Tirur village, was present at the time of marriage. One Haradhan Chakraborty acted as the priest of the marriage. She stoutly denied that she was a mistress or concubine of the deceased.;