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Guwahati Court April 1956 Judgments

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Apr 25 1956

Hranga of First Assam Rifles Vs. Nui of Kulikawan

Court: Guwahati

Decided on: Apr-25-1956

Sarjoo Prosad, C.J. 1. This application is under Rule 6 of the Assam High Court (Jurisdiction over District Council Courts) Order, 1954, read with Article 227 of the Constitution of India. It is directed against an order of the District Council Court, Aijal dated 16-1-1954, passed in Civil Appeal No. 68 of 1955 dismissing the appeal of the petitioner on the ground that it was time-barred. 2. The petitioner is a Sepoy in the First Assam Rifles and belongs to the Lushai tribe. His brother Thanga died and on his death the opposite party who is the widow of Thanga filed a suit in the Subordinate District Court claiming his properties on the basis of some agreement by virtue of which she alleged that as the widow she was entitled to the properties left by her deceased husband. The petitioner on the other hand claims to inherit his brother's properties according to the customary law. The Subordinate District Court by its judgment dated 16-4-55 upheld the claim of the opposite party and dir...


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