DIPAK DAS MAJUMDAR Vs. ARUNAVA DAS MAJUMDAR

JUDGEMENT

(1.) THIS Appeal is directed against a judgment and order dated 29.04.2008 passed by Learned Additional District Judge, 4th Court, Alipore, South 24 Parganas in O.S. No. 12/2006, where Learned Trial Court by an order of dismissal refused to grant probate of a Will, claimed to have been executed by one Usharani Das Majumdar, since deceased.

(2.) BRIEFLY stated, the case of the plaintiffs/appellants of the instant proceeding (and hereinafter referred to as the appellants for the sake of convenience) is that by filing a certified copy of the last Will and testament of deceased Usharani Das Majumdar, the appellants claimed that said Usharani died on the 5th day of January 1994 at her place of permanent residence at 320 N.S.C. Bose Road, Jadavpur, Calcutta, after execution of her last Will in presence of the witnesses and it was duly registered at the office of the District Registrar at Alipore (Book No. III Volume No. 6 pages 18 to 22 for the year 1983). The appellants were the executors of the Will, duly appointed by their mother. Said Usharani died leaving the (following) survivors namely Dipak, Prabir, Kanchan, Mrittyunjoy and Arunava Das Majumdar, all were living at 320 N.S.C. Bose Road. The appellants filed the suit for grant of probate of the Will, executed by their mother and produced the certified copy of the same before Learned Trial Court with the averments that the original could not be traced out due to efflux of long time.

(3.) ONE Prabir Das Majumdar, the proforma respondent filed a separate written statement, took the side of the plaintiffs/appellants, admitting their claim and prayed for grant of probate in their favour since the Will was the last desire of their mother Usharani Das Majumdar.