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1989 Supreme(Cal) 492

MUKUL GOPAL MUKHERJEE, MANABENDRA NATH ROY
Musammat Fatema Bibi – Appellant
Versus
Ekramul Haq Ansari – Respondent


Advocates Appeared:
Mr. Syed Ataunnabi and Susil Kumar Sikdar, for the Appellant
Mr. Barun Kumar Roy Choudhury and Mahendra Kumar Ghosh, for the Respondent

JUDGMENT

Mukherjee, J.: This appeal is directed against a judgment and decree dated December 1, 1981, passed by the learned Additional District Judge, First Court, Howrah, in Probate Suit No.4 of 1980, whereby the Probate was granted in respect of a Will of one Noor Muhammad Ansari. The wife of Noor Muhammad Ansari is the appellant.

2. The testator, Noor Muhammad Ansari died on February 16, 1980 at 484, G. T. Road (South), Sibpur. Howrah. On 7.2.80, he executed his last Will and Testament whereby he appointed his sister’s son Ekramul Haq Ansari, as the sole executor. At the time of death Noor Muhammad Ansari left behind him surviving his widow, the present appellant, Mussammat Fatema Bibi. According to the terms of the Will, the testator bequeathed Holding Nos. 74 and 75, Cows Ghat Road, with structures thereat to Ekramul Haq Ansari and one Samim Qureshi in equal shares and a provision was made that the appellant Fatima Bibi will be entitled to Rs. 150/- per month towards her maintenance from the income of the property. As Noor Muhammad was illiterate, he executed his Will by affixing his thumb impressions in presence of witnesses. On an application for probate having been made by Ek














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