DOWLAT KOER Vs. RAMPHUL DAS

JUDGEMENT

(1.) THE only question in this case is whether a certain paper writing, purporting to be dated the 18th of May 1893, and to bear the signature of Narain Das, who died on the following 3rd of June, is his will or a forgery.

(2.) THE instrument in dispute was propounded on the 9th of June 1893 by the appellant Dowlat Koer, who was living with Narain Das as his wife at the time of his death, and had lived with him for about twenty years on that footing, whether she was lawfully married to him or not. It was challenged at once by the three respondents Babban Das, a younger brother of Narain Das, Uttim Koer his mother and Rajkali Koer his wife, and his only living wife, if Dowlat was not married to him.

(3.) IN any view of the case there is much that is obscure and much that is unsatisfactory. But after carefully considering all the circumstances, and giving due weight to the objections of the learned Judges of the High Court, their Lordships have no hesitation in accepting the conclusion at which the District Judge arrived and pronouncing in favour of the will.