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TRIPURA HIGH COURT
A.B. Banerjee, J
Loknath Bhowmik – Appellant
Versus
Alpana Roy Barman (Karmakar) – Respondent
| Table of Content |
|---|
| 1. appeal based on the execution of a will (Para 1 , 2 , 4) |
| 2. burden of proof on the propounder of the will (Para 3 , 8 , 12) |
| 3. rival claims over the testator's intended disposition (Para 6 , 7 , 10) |
| 4. outcome of evidentiary assessment (Para 9 , 11 , 13) |
| 5. conclusions based on established facts and evidence validities (Para 22 , 27) |
1. This appeal under S.100 of the CPC arises from the concurrent finding of fact relating to valid execution of the Will, purportedly executed by one Alpana Roy Barman (Karmakar) wife of the first respondent and as recorded in the judgment dated 17.12.2018 passed by the First Appellate Court [the court of the Additional District Judge No.2, West Tripura, Agartala] in Title Appeal 57 of 2016. Needless to mention that by the said judgment dated 17.12.2018, the First Appellate Court has affirmed the judgment dated 23.07.2016 delivered in Title Suit 03 of 2014 by the Civil Judge, Junior Division, Court No.1, Agartala, West Tripura.
2. By the said judgment dated 23.07.2016, the suit instituted by the appellant for declaration of right, title and interest over the suit land as described in Schedule A which include the schedules B and C . The
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