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1953 Supreme(Cal) 30

DAS, DEBABRATA MOOKHERJEE
Sarat Chandra Mondal – Appellant
Versus
Panchanan Mondal – Respondent


Advocates:
Amarnath Roy Choudhury, for Appellants; Mrinal K. Ghose and Jogesh Ch. Chatterji, for Respondents.

Judgement

DAS, J.: - This is an appeal by the objectors against a decision of Mr. R.N.Roy, learned Subordinate Judge, 6th Court, 24-Parganas, granting Letters of Administration to the estate of Giridhar Mondal with a copy of the Will dated 18-2-1920, annexed.

2. The Will which is in question in this appeal was executed by Giridhar Mondal on 18-2-1920, and was registered on 10-3-1920. The terms of the Will will be set out hereafter. In order to appreciate the contentions which have been urged in this appeal it is necessary to set out the genealogical tree.

The testator was suffering from dysentery for some time and it is admitted by the witnesses on behalf of the propounder that his hands and feet were swollen and that he was physically weak. No steps were taken to propound the Will till 1947. The testator died on 11-7-1921. The learned Subordinate Judge, as I have already said, granted Letters of Administration with a copy of the Will annexed. Mr. Roy Choudhury who has appeared in support of the appeal has raised several contentions.

3. In the first place, he was contended that the Will has not been proved to have been duly executed and attested. In particular, he has admitted that the






















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