RADHESYAM MANDAL Vs. RAM DULAL MANDAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.9.1995 passed by the learned District Judge, Sonitpur at Tezpur in Title Suit No. 20 of 1992 under Section 299 of the Indian Succession Act, 1925. By the impugned order the learned District Judge dismissed the objection raised by the appellant and granted probate of the Will executed by Late Mangal Chandra Mandal during his life time in favour of the respondent.

(2.) I have heard Mr K.P. Singh, learned counsel for the appellant and also Mr T.C. Khetri, learned counsel for the respondent.

(3.) Late Mangal Chandra Mandal during his life time, executed a Will on 9.3.88 in favour of the respondent Shri Ram Dulal Mandal in respect of an estate comprising of a plot of land measuring 1 Bigha 2 Kathas 10 Lechas covered by Dag No. 389 appertaining to Periodic Patta No. 38 of Village: Dighalibasti. The application for grant of probate in Miscellaneous Case No. 90/1990 became contentious in view of the objection raised and, therefore, it was converted into Title Suit No. 2/1992.