SHYAM LAL GHOSH Vs. RAMESWARI BASU

JUDGEMENT

(1.) This is art appeal against an order of the District Judge of Rajshahya revoking the Probate of the Will of one Ram Lal Ghosh, which was granted to his two younger brothers, the appellant Shyam Lal Ghosh, and Suk Lal Ghosh, since deceased (the father of the other appellants), so far back as the 20th March 1878.

(2.) It appears that Ram Lal, Shyam Lal and Suk Lal were three brothers; members of a joint Hindu family governed by the Dayabhaga School of Hindu Law. They had a first cousin Basanta Kumar, who was also a member of the joint family. They had ancestral family dwelling house at Basuarih in the District of Jessore. They also had a residence at Rampore Boalia, the headquarters of the Rajshahye District, where Basanta Kumar was a mukhtear, Shyam Lal was a revenue agent and Suk Lal served as a treasurer in the local Collectorate. Ram Lal Ghosh, the eldest, did not do any business at Rampore Boalia. The evidence is conflicting as to whether he ordinarily used to reside at Rampore Boalia or at Basuarih, but there is no dispute that he lived at Basuarih for at least a year and a half before his death.

(3.) The family has substantial landed properties in the Rajshahye District, and some properties of small value in the Jessore District, the income of which in Ram Lal s share was Rs. 39 a year. They had also some money-lending business.