HARILAL SAHA Vs. SATYA BALA DASI

JUDGEMENT

(1.) This is an appeal by four out of five defendants from a judgment and decree dated June 15, 1957 of the first court of the Subordinate Judge, Midnapore, which affirmed the judgment and decree dated March 12, 1956, of the third court of the Munsif there, resting mainly on the true consideration of an ancient will dated July 21, 1879 duly probated on May 25, 1899. The will is exhibit 5 couched in the old Bengali language with Midnapore patois and words of Persian origin thrown in almost all over.

(2.) The maker of the will is Gopal Chandra Saha, a polygamist with four wives and children by each. When he makes the will, his first wife Gouri he no more. But a son (Madhusudan) and a daughter (Subhadra) by her are there. Subhadra has been given in marriage -- a fact which the testator recites with apparent satisfaction. And Madhusudan, a mere child when his mother Gouri died, is amply provided for.

(3.) Reference is also made in the will to the second wife Sm. Panu and two children by her -- Sri Situ Sau and Sm. Genda -- minors both. With a view to providing for the residence of the said Sm. Panu VENACULAR MATTER OMITTED a specified parcel of land with structures (specified too) at Oliganj Mahalla in the town of Midnapore is bequeathed. Then follows a description of the third married wife VENACULAR MATTER OMITTED Sm. Dasi and three children by her -- two sons Panchu and Manohar Sao (who has also an alias Prabodh) and a daughter Parvati, minors all. Here also a specified parcel of land with specified structures upon it at Mia Mahalla in the town of Midnapore is bequeathed for the purpose of her residence --VENACULAR MATTER OMITTED which I have made a literal translation of.