LAMBOD A R BORDOLOI Vs. MRINALINI DEBI TRUST BOARD ON THE DEATH OF NARENDRA NATH BORDOLOI

JUDGEMENT

(1.) Heard Mr. B.K. Goswami, learned Sr. counsel assisted by Ms. T. Goswami, learned counsel for the appellant. Also heard Mr. C.C. Deka, learned counsel for the respondents.

(2.) This Letters Patent Appeal has been carried from the judgment dated 18.1.1999 passed by learned Single Judge in M. A(F) No. 142/ 1993 dismissing the appeal preferred by the defendan/appellant laying challenge to the judgment and decree dated 19.7.1993 passed by the learned Addl. District Judge, Kamrup in P.T.S. No.52/1990 decreeing the suit for probate in respect of the Will left by one Mrinalini Devi in favour of the respondents.

(3.) The facts, briefly stated, are that a Will was executed on 26.6.80 by the deceased, Mrinalini Devi, the testatrix, appointing a Trust Board constituting with the present five respondents to operate the entire property both movable and immovable mentioned in the Will. The testatrix died on 23.6.89 after 9years from the date of execution of the Will. After her death, in the year 1989, an application was filed under Section 276 of the Indian Succession Act, 1925 (for short the 'Act') before the learned District Judge, Kamrup at Guwahati in P.T.S. No. 52/1990 for probate of the Will by all the 5 respondents as the petitioners arraying themselves as members of the Trust Board naming the same as Mrinalini Devi Trust Board. The objector/appellant, being a step son of the testatrix, contested the suit alleging that the said late Mrinalini Devi did not execute the alleged Will and the Plaintiffs/Respondents had no locus standi to file the suit.