AMBIKA CHARAN BARUA Vs. NARESWARI DASI

JUDGEMENT

(1.) This is a second appeal against a judgment of the learned District Judge of the Assam Valley Districts, setting aside the judgment of the learned Munsif who by his judgment granted probate to the petitioner, who is the appellant before us. The petitioner's case was that one Juddharam Kakoti executed a Will on the 23 of June 1919 which is marked Ex.A in these proceedings, and then on the 28 of June in the same year executed another Will which is marked Ex. I in the present proceedings; and the Petitioner asked for probate of the last Will of the testator who died on the 3 of July 1919. The present proceedings were instituted on the 28 of November 1919.

(2.) The proceedings were contested by Nareswari, the testator's widow, and Someswari, one of his daughters.

(3.) The learned Munsif who tried this case in the first instance, as it was possible under the rules prevailing in Assam, went fully into the evidence adduced in the case, and pointed out that the Will under consideration was merely a supplement to the earlier Will, and under the circumstances of the testator, was a reasonable one in that it provided maintenance for all the dependent members of his family and made a fair division of the properties between the daughters; and the learned Munsif also relied upon the testimony of the witnesses who supported the Will.