FAKIR CHAND BHATTACHARYA Vs. BHANUMATI ROY

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31st March, 1977 and the decree dated 22nd April, 1977 passed in Title Suit No. 4/71 by Sri Radhey Shyam Prasad, 1st Additional District Judge, Bhagalpur, through which the suit in question was decreed and it was ordered that the plaintiff is entitled for grant of probate in respect of the will dated 12-9-1962 executed by Jamni Kumar Chakravarty.

(2.) The fact in short giving rise to this appeal is that the respondent Smt. Bhanumati Roy instituted a probate case under Section 276 of the Indian Succession Act alleging therein that Jamini Kumar Chakravarty was all along living in muhalla Mosakchak P.S. Kotwali, District-Bhagalpur and he died on 10-12-1969 at his residence leaving behind his only son Jitendra Kumar Chakravarty and two relations, namely, Fakir Chand Bhattacharya and Lalmohan Bhattacharya, who were living in Naihati, District 24 parganas, West Bengal. The aforesaid Jamini Kumar Chakravarty executed his last will on 12-9-1962. in respect of his residential house with land thereunder measuring 2 kathas and 17 dhurs bearing holding Nos. 26, 27 and 37 Satis Sarkar Lane, ward No. 3, Circle No. 5 of Bhagalpur Municipality more fully described in the schedule of the plaint. The deceased Jamini Kumar Chakravarty was well known to the plaintiff and she was serving him during his will-ness and so the will in question was executed and the plaintiff was the executor according to the tenor of the will and is the universal legatee named in the will and the deceased devised by the will in respect of the properties mentioned in the schedule and thus prayed for grant of probate in favour of the plaintiff.

(3.) The appellants, who were objectors in the court below and contested the probate proceeding, filed joint petition of objection claiming therein that the appellants-objectors are the sister's sons of the said Jamini Kumar Chakravarty, who admittedly died on 10-12-1969 and these objectors are the only legal heirs to inherit the properties left by him. The alleged will is a forged and fabricated documen to grab the valuable properties belonging to the objectors worth Rs. 50,000/-. It was also submitted that actually the husband of the plaintiff- applicant was the tenant in the ground floor of a portion of the Holding No. 26 and it is totally false to say that Jamini Kumar Chakravarty ever executed any will in favour of the plaintiff- applicant, that too, in a sound state of mind, health and body and his conscious of the recital of the will and in fact Jamini Kumar Chakravarty on the relevant date was not in Bhagalpur rather at Naihati at the place where these objectors reside and he was undergoing treatment being aged man and having some mental disturbances.