SHYAMAL KR. GHOSH Vs. ANJALI DAS

JUDGEMENT

(1.) By consent of parties, this appeal is,treated as on day's list and is disposed of by the following judgment.

(2.) Late Amiya Kisku who was originally a Scheduled Tribe but, subsequently, converted to Christianity executed a Will in respect of his properties left by him. The plaintiff-appellant for grant of probate of the said Will filed a suit being other suit No. 35/95 before the Additional District Judge, 6th Court at Midnapore. In that suit, the respondent Anjali, daughter of Amiya Kisku entered appearance and was contesting the grant of probate. After entering appearance, she filed a petition stating that since late Amiya Kisku belonged to Scheduled Tribe, the transfer of properties of late Amiya Kisku by a Will to a non-Scheduled Tribe was void in view of Sec. 14(B) and Sec. 14 (C) of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as "the Act"). The Trial Court allowed the said petition filed by the respondent Smt. Anjali Das and the suit for grant of probate of the alleged Will of late Amiya Kisku was found to be not maintainable and hit under Sec. 14 (B) and 14 (C) of the Act and accordingly, the suit was dismissed.

(3.) Feeling aggrieved by this judgment and decree of the Trial Court, the present appeal has been preferred by the plaintiff- appellant.