CHARU BALA DASI Vs. PROVINCE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a decision of Mr. B.C. Nandy Majumdar, Sub-ordinate Judge, 2nd Court, Alipore, dated 12th November 1949, revoking the grant of letters of administration to the appellant.

(2.) The facts are not in controversy and are as follows : The appellant Charubala and Santamani were sisters. They belonged to the Kaibarta caste. They were widows and subsequently lapsed into prostitution. The said Santamani died on 15th January 1946. At the time of her death she owned and possessed premises No. 6A Nabu Roy Lane, Calcutta. On 6th April 1946 the appellant made an application for the grant of letters of administration to the estate of Santamani. This was registered as Letters of Administration case No. 51 of 1946.

(3.) Thereafter Butto Krishna Saha and Atul Krishna Saba, set up a Will alleged to have been executed by Santamani. This was registered as Letters of Administration case No. 54 of 1946. Charu Bala filed an objection. The application was dismissed on 2nd June 1947 on the finding that the Will was a forgery. But Krishna and Atul filed an appeal to this Court, being F. A. 296 of 1947. In the meantime Letters of Administration Case No. 51 of 1946 had been stayed. This was proceeded with, as a result of the dismissal of Letters of Administration case No. 54 of 1946 and an order for the grant of letters of administration was made on 18th June 1947 and the letters of administration were issued to the appellant.