Judgement

Appeal (No. 6 of 1942) from a decree of the High Court (August 9, 1939) which reversed a decree of the District Judge of Pabna (June 22, 1936).

The suit which gave rise to this appeal originated in an application made by the respondents to set aside probate of the will of Haralal Saha, the deceased husband of the appellant, which had been granted to her.

28 Law. Rep. 71 Ind. App. 1 ( 1943- 1944) Sarala Sundari Dassya V. Dinabandhu Roy Brajaraj Saha

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The following facts are taken substantially from the judgment of the Judicial Committee The circumstances were that Haralal Saha was a man of some age, who had been very successful in his business, which was principally that of a moneylender. He owned immovable property in several districts in Bengal and in one district outside. He died in 1927, and, on his death, there was no doubt that his three sons who survived him took possession of the properties. In some instances they had joined in a suit with their mother, and they were substituted for their father in a partition suit. They got a certificate of succession to enable them to sue on certain debts which were due, no doubt, on the moneylending business. They collected t