This is an appeal against the judgment and order dated 21.5.82 passed by the Additional District Judge, Kamrup, Gauhati in Probate Title Suit No.15 of 1963 (No.l of 1980) whereby the application for probate was dismissed.

The facts of the case may be briefly stated as under. The appellant-petitioner, Harmuj Ali Bora, filed an application for grant of probate of the will annexed to the petition in respect of land measuring 56 B. 2 K. 15 Lechas. The will was executed by his father late Gorni Bora who died on 30th April, 1961. Besides the appellant-petitioner, Gorni Bora left behind the following other heirs

1. Musstt. Samnur Bibi ... Wife

2. Md. Ali Akbar Bora ... Son

3. Md. Abed Ali Bora ... Son

4. Golbibi ... Daughter

5. Fulbibi ... Daughter.

The case of the appellant-petitioner was that the will was executed by his father with the consent of the two other sons, named above. It was duly registered and the consent of the wife as well as the two daughters had also been obtained by the executant.

An objection was filed to the application for probate on the grounds, inter alia, that no will was executed in favour of the appellant-petitioner; that the alleged wilt was not duly attested; that i

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