This appeal has been filed against the judgment dated 15.9.97 passed by the learned Additional District Judge, Cachar, Silchar in Title Suit No.64 of 1992.

2. By the impugned judgment he allowed the prayer for grant of probate of a Will executed by one Surendra Kumar Chakraborty. It was found by the learned Judge that the Will was duly executed and attested and there was no suspicious circumstances with regard to that. The daughter has come up on appeal.

3.1 have heard Mr. KK Dey, learned Advocate for the appellant and Mr. GN Sahewalla, learned Advocate for the respondent.

4. The Will in this case was written by the testator himself and when a Will is written by the testator himself a presumption will arise, such a Will is known as holograph Will and better/strong presumption of the Will being executed arises and in such a situation propounder is only required to formally prove the Will for which very little evidence is required, for rebuttal of the presumption cogent evidence is required. If an authority is required for this proposition of law one may have a look at (1996) 9 SCC 324 ((Mrs) Joyceprimrose Prestor (Neevas) vs. (Ms) Vera Marie Vas & others.

5. The learned Advocate for th

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