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1961 Supreme(Cal) 29

P.C.MALLICK
RAMESH CHANDRA DAS – Appellant
Versus
LAKHAN CHANDRA DAS – Respondent


Advocates Appeared:
Bijan Bihari Mitra, BINOYENDRA DEB ROY, J.P.Das, S.HAZRA, S.K.ROY CHAUDHARY

P. C. MALLICK, J.

( 1 ) (FIRST nine paragraphs not containing any point of law are not reported as being unnecessary for purposes of this report --Ed.)

( 2 ) THE first question to be considered is whether the testamentary instruments in suit are tainted with suspicion. I do not consider the provisions of the will and codicil to be unnatural in the facts of this case. Putting myself in the arm chair of the testatrix, I feel that it was very natural that the provisions of the will and codicil would be as they are. As indicated before, the testatarix had very great love and affection for her step brother Gopinath and his family Had the lady died intestate the house would have devolved on her heir-at-law Lakshman -- her husband's sister's son then alive. Gopinath and his family would in such event have been thrown out from the house where they have been living for more than half a century. What is more natural for the loving sister to prevent this eventuality? On the other hand, Lakshman and his family are well off and never lived either with Adhar or the testatrix. They had their own house to live in. It is therefore not at all unnatural for the testatrix to leave most of the house t









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