RADHA RAMAN SINGHA Vs. MANJU RANI SINGHA

JUDGEMENT

(1.) The instant appeal arises out of the Judgement and Decree passed by the Ld. Additional District Judge, 2nd Court Malda in OC Suit No. 3/2006 (Probate case), dated the 11th day of June 2010, wherein the said Ld. Judge has been pleased to dismiss the suit on contest against Ranjurani Singha and Chabi Singha without cost and dismiss ex-parte against Manjurani Singha and Smt. Chandana Singha without cost. The Ld. Judge has been pleased to come to the conclusion that the petitioners have not been able to prove that the testatrix had independent advice and was physically fit mentally alert at the time of execution of the 'Will'. The Ld. Judge has come to the finding that the petitioners have not been able to discharge the burden entrusted on them.

(2.) The appellants herein namely Radha Raman Singha and Smt. Prakriti Singha, who are the son and daughter-in-law respectively of the testatrix were the petitioners in the suit while the respondents herein namely Manju Rani Singha, Ranju Rani Singha, Chabi Singha and Chandana Singha who were the daughters of the testatrix were the opposite parties in the suit.

(3.) Ranju Rani Singha and Chabi Singha being the sisters of the applicant No.1 and sister-in-law of the applicant No.2 raised objection and opposed the prayer for grant of probate in respect of the said 'Will', are the respondents in the instant appeal.