BIMALENDU DAS Vs. SMT. MANJUSHREE CHAKRAVARTY AND ANOTHER

JUDGEMENT

(1.) - This miscellaneous first appeal is directed against the judgment and decree dated 25.2.85 passed by the Additional District Judge, Cachar, Silchar, in Testamentary Suit No. 4 of 1982, dismissing the suit holding, inter alia, that the plaintiff/appellant was not entitled to the grant of probate of the Will in question and also not entitled to get any relief as prayed for in the suit.

(2.) The facts of the case are that late Dr. Amarendra Kumar Chakraborty, husband of the first respondent and father of the second respondent, was a Railway Doctor. He used to reside in Railway quarter at Karimganj in the district of Cachar. He died on 2.2.81 at his residence at Karimganj. Late Dr. Amarendra Kumar Chakraborty had been suffering from various ailments for several years prior to his death. On 28.1.81 late Dr. Chakraborty executed a will and that was claimed to be the last Will of Dr. Chakraborty by the appellant. This Will was registered on the date of execution. At the time of his death, he left behind his wife, the first respondent and his minor daughter - the second respondent. He also left behind his brothers Arbinda Chakraborty and Anil Kumar Chakraborty. By the said Will he appointed the appellant - Bimalendu Das, a local Advocate as executor. As per the Will the first respondent was totally disinherited, however, his minor daughter (second respondent) was given certain benefits from the property,

(3.) After the death of the testator - Dr. Chakraborty, the appellant filed an application for grant of probate of the Will before the District Judge, Chachar, Silchar (Miscellaneous Case No. 141 of 1981) which was subsequently renumbered as Tastamentary Suit No. 4 of 1982. The appellant was not in any way related either to the testator or to any of his relations. In the Will, late Dr. Chakraborty bequeathed his properties to his two brothers besides certain benefits to his minor daughter- second respondent. The reason mentioned in the Will for totally disinheriting the wife was that she did not take care of him when he was lying ill, and suddenly without his knowledge and information left the house with his minor daughter by taking away the ornaments and savings, therefore, he had no faith on her.