SABITRI THAKURAIN Vs. SAVI

JUDGEMENT

(1.) The appellant in the present case presented a petition to the High Court at Calcutta on its original civil side in the exercise of its Testamentary and Intestate Jurisdiction under the Probate and Administration Act, 1881, praying for administration, with a copy of his last will annexed, to the property of her late husband. The grant was opposed by the present respondent, the manager of the deceased's property, who had applied to the Court of the District Judge of Bhagulpore for a grant of probate under an earlier will and entered a caveat to the widow's petition. Under the will which she propounded she would be entitled to a life interest in all the property of the deceased; under the earlier will her interest was limited to a mere pittance.

(2.) The late husband of the appellant was a Brahman by caste and a man of considerable means. He is described as having been a man of progressive ideas but intemperate habits. For the first he was excommunicated by the members of his caste, and owing to the second he died an untimely death at his house at Gargani-bas, after a bout of conviviality which lasted about a week, leaving, as his widow alleges, the will which she relied upon, bearing date about a fortnight before he died. On account of the excommunication of the deceased from his community serious questions arose as to his cremation and Sradha ceremonies and during the widow's absence at Gaya for this purpose, the respondent, as she alleges, broke open the boxes belonging to the deceased and made away with this will. Fortunately a fair copy of it was forthcoming, and she put it forward, relying upon the evidence of the attesting witnesses, two members of the Bhagulpore Bar.

(3.) The petition was heard by Chaudhuri J., who, after taking the evidence of the attesting witnesses and of the witnesses for the present respondent (two of whom are said to have been her late husband's boon companions and "inimically disposed to her because she stood in the way of her husband's leading a bad life and giving such pleasure parties"), rejected the evidence of the attesting witnesses and dismissed the petition.