MOUSUMI ROY CHOWDHURY Vs. KANAN SARKAR

JUDGEMENT

(1.) The appeal is directed against the judgment and order dtd. 22/6/2010 in revocation case no.1 of 2002 passed by the learned Addl. District Judge, Alipore, 24th Paraganas (South). The revocation application was allowed on the ground of non-citation of one Kanan Sarkar. The learned trial Court held that Kanan Sarkar is the "only legally married wife" of the deceased Anil Sarkar @ Anil Chandra Sarkar. The probate was revoked also on the ground that the appellant has failed to prove the "genuinity of the Will".

(2.) This order is under challenged.

(3.) The identity of the testator as Anil Sarkar or Anil Chandra Sarkar, mis-description of some properties in the Will and the status of Kanan and Meena in relation to Anil Chandra Sarkar alias Anil Sarkar and the circumstances under which the Will was executed by Anil Sarkar in relation to properties which belonged to Anil Chandra Sarkar are the issues raised in connection with revocation of the Will alleged to have been executed by Anil Sarkar.