TIL BAHADUR KONWAR Vs. SMTI DILU SAHU

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned District Judge-cum-Additional Deputy Commissioner, Shillong in (Probate) Case No. 28 (T) of 1981. Judgment was delivered on 20.12.84.

(2.) One late Kulbahadur Konwar allegedly executed a Will. It may be stated that wife of Kulbahadur pre-deceased him and he died childless. The Will was allegedly executed by late Kulbahadur in favour of Smti Dilu Sahu, fife of Shri Zharilal Shahu and by the said Will, the house and the land situated at Shillong were given in favour of Smti Dilu Sahu. There is no dispute that Smti Dilu Sahu, opposite party in the first appeal, was not related to late Kulbahadur.

(3.) On 28.8.81 an application for probate of the Will of late Kulbahadur who died on 23.7.78 was filed before the learned Court below. As no one was shown in the said application as next of kin of the Kulbahadur, only a general notice was issued and as no objection was filed, after examining Smti Dilu Sahu and two others witnesses, ex parte order was passed on 12.10.81 granting probate of the Will.