GURUPROSAD MISRA Vs. LAKSHMI PRIYA DEBI

JUDGEMENT

(1.) This is an appeal on behalf of the propounder of a will alleged to have been left by one Baikuntha Nath Hota The learned Subordinate Judge has refused to grant letters of administration with a copy of the will annexed, as according to him, although due execution and attestation had been proved, the will had subsequently been revoked by the testator.

(2.) Hemangini, the daughter of the predeceased son Ashutosh, was given in marriage about July, 1942. Shortly thereafter, Baikuntha executed another deed of gift in favour of Guruprosad, the propounder of the present will and husband of Hemangini. That deed of gift has not been produced, and we do not know the properties which were the subject-matter of that deed. Shortly thereafter, Baikuntha died in October, 1942. The will which had been executed in December, 1939, was not probated. In January, 1949, about eighteen months after the death of Hemangini, Guruprosad applied for the issue of letters of administration with a copy of that will annexed.

(3.) Various issues had been raised questioning due execution and attestation of the will and the testamentary capacity of the testator as also other points. It is not necessary in the present appeal to go into those questions, as the only point discussed in the present appeal is whether the will after being executed was revoked or not. The learned Subordinate Judge had found in favour of the propounder on all the points except on the question of revocation.