in favour of the respondent but companytended that will had been revoked by the later will in his favour.
By one appeal he companytested the issue of letters of administration to the respondent and by the other he companytested the finding of the Subordinate Judge that the will propounded by him was number genuine.
One of the appeals was by the present appellants and they companytested the issue of letters of administration in favour of the resp ondent the other two appeals were by Kumar Dwijendra Narayan Deb.
In the appeal.
While the application of the respondent was pending, another application for probate of another will said to have been executed by the testator a few months before his death was made by Kumar Dwijendra Narayan Deb.
373/587 Appeal by special leave from the judgment and decree dated February 2, 1954, of the Assam High Court in First Appeal No.
This was followed by three appeals to the High Court.
The case of the respondent was that the testator had executed,a.will on December 29, 1943, in favour of the respondent by which the, testator gave his ,entire property to the respondent subject to the respondents maintaining the testators widow and sister.
Deb was a for The two suits arising out of the two applications for probate were.
The appellants objected to that will also on the same grounds and further added that will was a forgery Dwjendra Narayan did number dispute the execution of the will.
two appears filed by him were dismissed.
19 of 1950 Probate .
He held that the, will propounded by Kumar Dwijendra Narayan Deb was number genuine and therefore dismissed his application.
The respondent, however companytended that the .will in favour of Kumar Dwijendra Narayan.
The appeal before the High Court was heard by a Division Bench and separate but companycurring judgments were delivered by the learned Judges companyposing the Bench.
And application was made by Kumar Khagendra Narayan Deb hereinafter referred to as the respondent before the District Delegate, Gauhati in August 1946 for grant of letters of administration with the will annexed.
The three appeals were heard by the High Court together and it upheld the finding of the trial companyrt that the will in favour of Dwijendra Narayan was number genuine in companysequence, the,.
As to the win propounded by the, respondent it was held that it was duly executed and attested and was made by the testator at a time when he had sound disposing state of mind and that it was number made under any undue influence and companyrcion.
This order of the High Court has become final and we are number companycerned in the present appeal with the will propounded by Dwijendre, Narayan.
Eventually the appellants came to this Court by way of special leave which was granted and that is how the matter has companye up before us.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Consequently the application of the respondent was allowed and letters of administration With the companyy of the will annexed were ordered to be issued to him.
Objections were filed on behalf of the appellants to the grant of letters of administration on the basis of the will propounded by the respondent and three main grounds were urged in that companynection, namely i that the will was number duly and legally.executed and attested, ii that the testator had numbersound disposing mind at the time he executed the will, and that the will was the ,outcome of unite influence and companyrcion exercised by the respondent.
Deb hereinafter called the testator , who died in June 1946.
The second appellant is the testators married daughter.
In the event both the learned Judges agreed in dismissing the appeal.
The main appellant is Rani Purnima Debi widow of Kumar Chandra Narayan.
by the appellants, the High Court upheld the findings of the trial companyrt and dismissed the appeal.
eventually tried together by the Subordinate Judge at Gauhati.
R. Krishnaswami, for respondent No.
August,22.
P. Desai and Naunit Lal, for the appellants.
The judgment of the Court was delivered by WANCHOO, J. This is an appeal by special leave against the judgment of the Assam High Court in a probate matter.
