SIBDAS DUTTA Vs. NIRMAL CHANDRA DUTTA

JUDGEMENT

(1.) This is an appeal by the plaintiff against a decree of dismissal passed in O.C.Suit No.7 of 1976 of the 6th Court of Addl. District Judge, Alipore.

(2.) The plaintiff-appellant instituted the above suit for grant of probate in respect of two wills allegedly executed by his mother, one on 27.12.1963 and the other on 18.3.1968 in respect of different items of properties. The case of plaintiff briefly is as follows:-

(3.) The two wills, one relating to 89 Dilkhusa Street and the other relating to 91 Dilkhusa Street were the last wills executed by Uttama Debi, mother of the plaintiff. The plaintiff has been nominated as the executor in both the wills. The wills were duly executed and attested. She died on 17.1.1973 leaving four sons, Nirmal Narendra, Chandi and Shibdas (plaintiff) and six daughters Bindubasini, Subhasini, Pravabati, Ashalata, Padmabati and Lili Dutta. The plaintiff as executor applied for grant of probate in respect of both the wills.