MADHAB PROSAD RIGMI Vs. HAVILDAR DUTTA THAPA AND ANR.

JUDGEMENT

(1.) THIS is a revision application under Rule 36 of the rules framed for the administration of justice in the K. & J. Hills, directed against an appellate order passed by the learned Additional. Dominion Agent, Khasi States, dated 1 -8 -49, by which he affirmed the judgment & decree of the Trial Court, namely, the Assistant Dominion Agent, who had dismissed the plffs. suit with, costs.

(2.) THE suit before the Assistant Dominion Agent was instituted in September 1947, in the following circumstances. One Sobarna Devi, died in Benares on 15 -11 -38 Her husband, Havildar Putkey Thepa, had predeceased her at Quetta during the earthquake of 1935. When Sobarna Devi went to Benares, she was escorted by defdt. 2 one Subedar Durga Thepa, who left her in the house of the plff. Shortly afterwards, Sobarna Devi is alleged to have executed a will by which she left all her movable & immovable properties to the plff. The plff. was appointed the sole executor under the will. After the death of Sobarna Devi, the plff. applied for a probate of the will in the District Court at Benares in Misc. case No. 6 of 1939 of that Court. The probate was granted to the plff. on 17 -9 -46. On the strength of this probate, he brought a suit in the Court of the Asst. Dominion Agent, Khasi States, on 3 -9 -47, claiming certain property which was situated in the administered area of Shillong and was in possession of the defts. The defts. denied the right of the plff. to bring & suit on the strength of that probate granted to him by the District Court at Benares.

(3.) SINCE the decision of the appeal on 1 -8 -49 by the Addl. Dominion Agent, Khasi States, certain complications have arisen. The probate, as originally granted on 17 -9 -46, made no reference to any certificate. In January 1950, it incorporated a certificate to the following effect: