HEMANTA KUMAR CHAUDHURY Vs. SUMITRA DEVI

JUDGEMENT

(1.) - This is an application for review of our judgment, dated 5th May, 1987, on the ground mentioned in the Memorandum of Review. The same are also stated in the petition.

(2.) We are setting out the facts of this case from our judgment, review of which is sought for. These facts are not disputed and not under challenge in this application. The petition for grant of Probate was filed by one Smt. Sumitra Devi claiming herself to be a residual beneficiary under the last Will of the one Gajanand Chaudhury (hereinafter referred to as the Testator). It was stated in the petition that the testator died on 9th October 1973 at No. 2/2A, Harrington Street, Calcutta within the jurisdiction of this Court. It was stated that the testator, during his life time, used to visit, from time to time and stay at his residential house at Sahabad Gate Hathras District Aligarh in the State of Uttar Pradesh where he had also considerable properties. Having regard to the importance of the averments made in paragraphs 4 and 6 of the said petition, we set out the same verbatim hereinbelow.

(3.) By the said Will the testator gave, bequeathed and constituted the petitioner, who was the wife of Dharam Chand Chaudhury, the youngest son of the testator, as the sole beneficiary and legatee of all his assets. 1t was stated that the deceased left the persons referred to in paragraph 7 of the petition as his heirs and near relatives on whom .the estate would be devolved in case of intestacy according to Mitakshara School of Hindu Law. The relevant portion of the affidavit of Nathilal referred to in paragraph 6 of the petition are set out hereinbelow.