TARAKESWAR MAZUMDAR Vs. BANSHILAL GUPTA AND ORS.

JUDGEMENT

(1.) Heard Mr. P.K. Kalita, learned counsel for the appellant. Also heard Mr. K. Sarma, learned counsel representing the respondents.

(2.) This appeal, filed under Sec. 299 of the Indian Succession Act, 1925, has been preferred against the judgment and order dated 22.03.2002 passed by the Court of Additional District Judge, Dhubri in Title Suit (Probate) No. 3/2000 rejecting the application filed by the appellant praying for probate of the Will executed by Benilal Halawai.

(3.) The brief factual matrix of the case, as apparent from the record, is that Benilal Halawai was the owner of a plot of land measuring 5 3/4 lechas together with a two storied building standing thereupon covered by Dag No. 371 of Patta No. 220 (new)/315 (old) of Ward No. V of Dhubri Municipality. Benilal Halawai, during his lifetime, had executed a Will bequeathing the aforesaid property to his daughter -in -law Smti. Rajkumari Gupta who is the wife of the elder son of the testator, viz. Bharat Lal Gupta. The aforesaid Will was written on 24.12.1991 and executed by the testator on 27.12.1991. Dr. Rajkumar Mahato, the Chief Medical and Health Officer, Dhubri Civil Hospital had examined the testator and thereafter, issued a certificate dated 27.12.1991 certifying his sound health condition. The aforesaid Will bears the signature of two attesting witnesses, whereby the appellant, namely, Sri Tarakeswar Majumdar had been appointed as the executor of the Will.