BROJENDRA NATH ROY CHOWDHURY Vs. CHITTARANJAN GHOSH

JUDGEMENT

(1.) The appeal is arising out of a judgment and decree dtd. 20/9/2006 passed in O.C. Suit No. 1 of 2002.

(2.) The appellant is aggrieved by the judgment passed by the learned Trial Judge in refusing to grant probate of the Will dtd. 23/1/1969 executed by one Basanta Kumari Ghosh, since deceased.

(3.) Briefly stated, Basanta Kumari Ghosh executed a Will on 23/6/1965 appointing Brojendra Nath Roy Chowdhury as sole executor of the Will. The executor is also the beneficiary of the assets of the testatrix. Basanta Kumari Ghosh died on 29/8/1965. The executor earlier filed an application for grant of probate being probate case no. 74 of 1969. The said probate case was allowed by the learned District Delegate,