SM. LATIKABALA DASI Vs. ANIL BEHARI GHOSE

JUDGEMENT

(1.) THIS is an appeal from an order made on 29 -8 -1950, by P. B. Mukharji, J. revoking the probate granted by this Court on 30 -9 -1921, which was extended on 16 -9 -33.

(2.) BENODE Lal Ghose, a wealthy inhabitant of Baranagar in the suburbs of Calcutta, acquired by dint of his own labour properties moveable and immoveable of considerable value. He, having no son, adopted a boy of the name of Charu, and made his last will and testament, bearing date 29 -7 -1912. It appears that the relationship between the adopted son and the father was not good; and in 1917 he intended to change his will. He desired to place his estate to the value of Rs. 75,000/ - in the hands of the Administrator -General of Bengal for the purpose of a hospital to be built at Baranagar. He wrote on 29 -6 -1917, to the Administrator -General to send a man to assist him to make a will. There is a draft agreement of 1917 on the records, which shows that it was prepared for the purpose of enabling the Administrator -General to take possession of certain properties of Benode.

(3.) PROBATE of the will was granted by this Court on 30 -9 -1921, to the three executors who applied for it, namely Sm. Latikabala Dasi, wife of Charu, Sm. Muktakesi Dasi and Sri Anil Kanto Ghosh, lather of Latika. At the time of the conviction of Charu. Benode's wife was living. She died before the probate was granted. The managing executor was Anil.