SRI TRISHUL BIN Vs. SMT SANDESHI BIN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 09.06.2009 passed by the learned Additional District Judge (Court No.4) Agartala, West Tripura in case No. Misc (Letter of Administration) 3 of 2001.

(2.) Heard learned counsel, Mr. R.G. Chakraborty for the appellant and learned senior counsel, Mr. A.K. Bhowmik assisted by learned counsel, Mr. R. Dutta for the respondent.

(3.) The respondent herein, Smt. Sandeshi Bin presented an application under Section 276 of the Indian Succession Act, 1925 before the District Judge, West Tripiura Agartala seeking letter of Administration of a 'Will' executed by her husband Chitta Ram Bin on 17.10.2000 which was registered on 18.10.2000 before the Sub- Registrar, Sadar Sub-Division, West Tripura. The appellant herein namely Trishul Bin and other legal representatives of the deceased testator Chitta Ram Bin were arrayed as the opposite parties in the petition seeking letter of Administration. The original registered 'Will' was presented before the Court with the petition seeking letter of Administration. The appellant who is a son of the deceased testator through his first wife contested the case by filing written objection contending that his deceased father was suffering from cancer at the time when the 'Will' was executed and that the 'Will' was not genuine and further by that 'Will' the genuine legal representatives of the deceased Chitta Ram Bin have been deprived of.