Abdul Mamin vs Abdul Gani - 2013 Supreme(Tri) 4

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Tri) 4

S.C.DAS
Abdul Mamin – Appellant
Versus
Abdul Gani – Respondent

Advocates Appeared:
For the Appellant :S.M. Chakraborty, Sr. Advocate and D. Das, Advocate
For the Respondents:B. Das, Sr. Advocate and D. Chakraborty, Advocate

JUDGMENT

S.C. Das, J.

1. This appeal under Section 299 of the Indian Succession Act, 1925 is directed against the judgment and order, dated 07.05.2003, passed by learned Addl. District Judge, Sonamura, West Tripura in Case No. Misc. (Probate) 02 of 2001, whereby and where-under the learned Addl. District Judge granted certificate of Probate of the Will dated 07.02.1994, executed by one Parija Bibi in respect of her property mentioned in the Will. Heard learned Sr. counsel, Mr. S.M. Chakraborty, assisted by learned counsel Ms. D. Das for the appellant and learned Sr. counsel, Mr. B. Das assisted by learned counsel, Mr. D. Chakraborty for the respondent.

2. Brief facts:

2.1 Parija Bibi, Wife of Abdul Hamid, a resident of village Dhaliai, P.S. Sonamura, District West Tripura, alleged to have executed a Will on 07.02.1994 in respect of her properties mentioned in the Schedule of the said Will bequeathing the properties to her foster son (adopted son Abdul Gani), the respondent herein, and by dint of the assertions made in the Will she appointed Abdul Gani as the executor of the Will. The testator Parija Bibi, a Bengali Muslim woman, alleged to have executed the Will on 07.02.1994 and she d