SANJEEV GOSWAMI Vs. KANIKA DEVI AND OTHERS

JUDGEMENT

(1.) This First Appeal arises out of judgement and order dated 22.6.1998 passed by the learned District Judge, Kamrup, Guwahati in Probate M.C. Case No. 188/97 thereby creating a probate of the will as prayed for by the respondents.

(2.) I have heard Mr. K.N. Choudhury, learned senior counsel appearing on behalf of the appellant. None appears for the respondents. The connected records which were called for from the learned court below have also been perused.

(3.) To put in short the facts relating to filing of the present appeal, inter alia, are that the respondents herein are the daughters of Late Prafulla Goswami, the elder brother of Late Tarun Goswami who expired on 6.9.1996. Late Taru Goswami expired without leaving any issue, his wife also pre-deceased him. Late Tarun Goswami had certain immovable properties and he executed a will on 10.9.1994 bequeathing those as mentioned in the schedule of the will in favour of the respondents who happened to be the daughters of his elder brother. As per the said will the respondent No. 1 was given about 1 K 5L of land out of 3 K 5L towards the extreme south of the scheduled properties. Likewise the respondent No. 2 has been bequeathed 1K 5L of land in the middle portion and the respondent No. 3 was bequeathed with 1K 5L of land situated in the northern portion of the schedule properties along with a portion of the Assam Type house standing in the respective portion of the bequeathed land. After the death of the testator, the respondents filed the probate case No. 188/97 in the court of learned District Judge, Guwahati for obtaining probate of the will executed by late Tarun Goswami.