ANIL BEHARI GHOSH Vs. LMFLCH BALA DASSI

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 4-9-1951 of the Calcutta High Court in its appellate jurisdiction reversing those dated 29-8-1950 of a Judge of that Court sitting on the Original Side granting the appellant's prayer for revoking and annulling the probate granted in respect of the last will and testament dated 29-7-1912 of one Binod Lal Ghosh, deceased, whom we shall call the testator in the course of this judgment.

(2.) The testator is said to have executed a will on 29-7-1912 which was registered on the same date at the Calcutta registry office. By the said will the testator appointed the following five persons as executors or executrices:

(3.) On 5-3-1920 the testator is said to have been murdered by Charu who was placed on his trial, convicted for murder and sentenced to transportation for life. Charu served his term of imprisonment and was released from jail some time in 1933.