SUBHRO KAMAL MUKHERJEE, SAHIDULLAH MUNSHI
Binapani Das – Appellant
Versus
Sushil Kumar Biswas – Respondent
Subhro Kamal Mukherjee, J.
This is an appeal against judgment and decree passed by the learned Additional District Judge, First Court at Krishnagar, District - Nadia, in Original Suit no.2 of 1988.
2. Shrimati Sachi Bala Nandi, since deceased, wife of late Ramani Kanta Nandi, executed her last will and testament on August 10, 1967. The will was a registered one. It was registered on commission.
3. It is admitted position that the testatrix was a widow and issueless.
4. In the will, she has categorically stated that, as she was issueless, she and her deceased husband treated Shrimati Binapani Das, daughter of her youngest sister, Phulobala Tarafdar and Sushil Kumar Biswas, son of her third brother, late Jyotish Chandra Biswas, as their own children. There was a, further, recital in the will that they were brought up by them. Shrimati Binapani Das was given in marriage by her husband. Sushil Kumar Biswas was given in marriage by her after the death of her husband.
5. Admittedly, the testatrix died on July 12, 1983, that is, long fifteen years after the execution of the will.
6. On her death, an application for grant of probate was filed by Shrimati Binapani Das. The application
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