BISHNU MAYA Vs. KISHORI DEVI

JUDGEMENT

(1.) 1. F.A. No. 85/92 has been filed against the Judgment dated 9/9/92 passed by the Additional District Judge, Kamrup, Guwahati in Probate Title Suit No. 4/90. By the impugned Judgment (he suit was dismissed on contest with costs.

(2.) F.A. No. 143/92 has been filed agaiinst the Judgment dated 9/9/92 passed by the same Court in Misc. (J) Case No. 276/90 rejecting the prayer of the appellant to revoke the Succession Certificate granted earlier by the Court.

(3.) The brief facts are as follows :- One Kharga Bahadur was an employee of Assam State Electricity Board. He was unmarried. He was suffering from T.B. and was ill for a long time. During his illness he was looked after by one Smti. Bishnu, wife of a co-employee of Kharga Bahadur. Ultimately, Kharga Bahadur died at the place of Smti. Bishnu and his funeral rites were performed by Smti. Bishnu who was accepted as Dharma sister by Kharga Bahadur. Some monetary benefit was available for his services in A.S.E.B. and that amount was claimed by his relation sister, who was aged about 60 years and she obtained a Succession Certificate for this amount. Having come to know of this Succession Certificate Case, the present appellant Smti. Bishnu filed an application for revocation and filed another application for Probate with regard to a Will executed by Kharga Bahadur giving her all the property (movable) only for the service rendered by her during his illness. That application for revocation of the Succession Certificate was registered as Misc. (J) Case No. 276/88 before the learned Additional District Judge and the Probate case was registered as P.T.S. No. 11/ 90. In that Probate Case the real sister of the deceased Kharga Bahadur filed an objection claiming that the Will is forged and fabricated, the total amount involved is only Rs. 38,971.43 P. The Will in question was a registered document.