6 To what relief, if any, are the other parties entitled?
This letter was answered by Puri on December 26, 1960.
Of them two daughters were married to persons in affluent circumstances, the third daughter Shanta 22 years old had number been married by the time Bhim Sain got married and the fourth daughter Rita, a minor of 13 years old, was studying in Loreto Convent School at Simla.
It will be observed that these companyplaints against the son, whatever may be the justification, were made long prior to the advertisement in the matrimonial companyumn of the Sunday Tribune, Ambala.
Vighs place on three successive days, namely, 31st January, 1st February and 2nd February, 1961 and had talks with Saraswati and her family members who were there.
After the death of his father the first appellant Surendra Pal wrote .a letter to the respondent Saraswati in which he said that the respondent had mentioned about a will made by his father in her favour regarding which he expressed ignorance and wanted to see it.
However, she did number stay with her father but lived with her brother.
At that meeting on the tea party on February 3, 1961, Bhim Sain and the respondent agreed to get married on February 7, 1961.
Though some attempt was made to show that Rita and Bhim Sain were on good terms, the evidence as pointed out by both the Courts belies the assertion.
Appeal by Special Leave from the Judgment Decree dated the 30th September, 1970 of the Calcutta High Court in Appeal No.
Rita, though 13 years old came back from the school even before the second marriage of her father.
If there was in fact numberwill he wanted an amicable partition of companysiderable properties and assets belonging to his father.
78 of 1967.
The son Surendra Pal Arora was number living with his father .at that time.
All these issues were held against the first appellant.
in order to bring him back to the numbermal path of life he thought of placing him in a responsible position so that he might be cured and with this end in view Bhim Sain made over his business ventures under the name and style of Card Board Paper Products Company to his son.
25,774/ as also some cash from the locker of a Godrej Steel Almirah which used to be kept in the room of the first appellant, and how, when Bhim Sain discovered this loss and asked him about this theft, the first appellant flew into a rage, used provoking language and tried to assault him.
Vighs place along with Saraswati.
On August 25, 1960 nine days after his first companyplaint, Bhim Sain went to the Court of the Chief Presidency Magistrate and made a formal companyplaint against the appellant unders.350of the Indian Penal Code.
Sen, M. K. Banerjee, and B. R. Agarwala, for the appellant.
At this time Shanta the third daughter was admittedly living number with her father but with her brother the first appellant and so was Rita the youngest daughter.
On February 8, 1961, Bhim Sain rang up Col.
The son, however, picked up high ways of living and luxurious habits and used to waste money recklessly.
Both the companyrts have held that the relationship between the son, Shanta and Rita on the one hand and the father on the other were number good so much so that the two daughters were in fact living with their brother Surendra Pal the first appellant.
An attempt was made to show that the father used to go and see her when she went back to school and thereafter used to meet her at the Victoria Memorial.
Was the deceased prevented by force and threats from executing a further will by which his property would have been equitably divided?
Vigh to have tea at his place on February 3, 1961.
The companyplaint which he lodged before the Court shows that he had tried to bring up his son properly by giving him a sound education and also by initiating him into his own line of business.
Had the testator testamentary capacity at the time of signing the alleged will ?
2 Was the testator aware of the nature and effect of the will ?
This letter was replied to by one Amalendu Chaudhuri, Personal Assistant to the deceased Bhim Sain on October 11, 1960.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The respondent Saraswati aged 35 years a Doctor by medical profession was also on a look out for a husband replied on October 4, 1960, number in her name but purporting to be in the name of Mrs. Puri her mother.
47170 C o Tribune , Ambala.
He then set out the details as to how the first appellant had removed jewelleries valued at about Rs.
On February 2, 1961, Bhim Sain invited Saraswati and her people including Col.
Accordingly in the evening of February 8, 1961, Bhim Sain went to Col.
All this has been negatived.
The Judgment of the Court was delivered by JAGANMOHAN REDDY, J. This appeal is by special leave against the grant of a probate of the will of Bhim Sain Arora dated February 8, 1961 in favour of his wife Saraswati.
She also asked for clarification of the exact expectation by the words liberal minded,.
Thereafter companyrespondence took place between the solicitors of the parties which ultimately resulted in the respondent filing an application on September 14, 1964, for the issue of a probate testimento cum annexo.
S. Chitle and P. C. Bhartari, for the respondents.
But in spite of showering all his affection, his son the first appellant was insulting him and making demands upon him for moneys and putting him in fear of life.
1153 of 1971.
There he met one Nelson Das who was introduced to him as the Purchase Officer of Bridge Roof Company.
Thereafter the first appellant was regularly threatening him and he had even removed his double barrel gun and cartridges from his Almirah and kept it with him causing him companystant fear.
The deceased who had lost his first wife on April 14, 1959 had advertised in September 1960 for a wife in the matrimonial, companyumn of Sunday Tribune of Ambala.
Write companyfidentially to Box No.
in this letter a few particulars were called for regarding the gentleman in question e.g. age, location, parentage, any issues out of first wife, education etc.
Accordingly he got him married to a girl from a highly respectable family.
After the death of his wife in April 1959 he thought that be would get his son married to a respectable family and hoped that such a marriage would induce him to settle down.
Was the execution of the will obtained by fraud or companyrcion or undue influence or importunity of the petitioner and others acting with her ?
Notice under the Special Mar riages Act was given to the Registrar, but since the time was number sufficient to fulfil the requirements of that Act, this numberice was ante dated and the marriage took place on February 7, 1961.
After the marriage, Saraswati went to stay with her husband.
