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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
KALYAN RAI SURANA, J
BHASKAR ROY CHOUDHURY and ANR – Appellant
Versus
HIRONMOY SEKHAR DAS ASTOPATI @ ROY ASTOPATI and 2 ORS – Respondent
| Table of Content |
|---|
| 1. factual background of the dispute over testamentary succession. (Para 2 , 3 , 4 , 5 , 6) |
| 2. parties contest the validity of the will's existence and propriety. (Para 9 , 10 , 11) |
| 3. court's reasoning on validity and evidence of the will. (Para 13 , 14 , 36 , 39 , 40) |
| 4. legal conclusions regarding the inability to prove the will. (Para 27 , 35) |
| 5. final judgment and decree dismissing the suit. (Para 41 , 42 , 43) |
JUDGMENT
Date : 11-07-2018
Heard Mr. M.K. Choudhury, the learned senior advocate, assisted by Mr. P. Bhardwaj, learned advocate for the appellants. Also heard Mr. M.H. Rajbarbhuiyan, learned advocate for the respondent No.1. None appears on call for the proforma respondents No.2 and 3.
2. This appeal under section 299 of the Succession Act, 1925 is directed against the judgment and order/ decree dated 23.12.2014, passed by the learned District Judge, Karimganj, in Title Suit (Test.) No.6/1993, thereby issuing Letter of Administration in favour of the respondent No.1 in connection with the will dated 25.06.1942 by Late Nabin Chandra Roy, which was registered on 11.09.1942.
3. The respondent No.1, namely, Hironmoy Sekhar Das Astopati @ Hironmoy Sekhar Roy Astopat
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