SHIB PROSAD SADHUKHAN Vs. NEMAI CHANDRA GHOSAL

JUDGEMENT

(1.) The present appeal is against the judgment and decree dated 24th April, 1982 passed by the learned Additional District Judge, 1st Court, Howrah in Probate Case No. 7 of 1979 allowing the petitioner/ respondent's application for letters of administration with a copy of the, Will annexed in respect of the Will of the deceased Girish Chandra Sadhukhan dated 14.6.55. The petitioner/respondents case was as follows

(2.) Girish Chandra Sadhukhan died on 17.3.61 at his place of residence at Champarail leaving a Will dated 14.6.55 which was duly executed and registered on the same day and which was his first and last Will. Smt. Mallika Bala Dasi was a mistress of Girish Chandra Sadhukhan, a childless widower and she lived with Girish as husband and wife at the place of residence of Girish at Champarail. Girish executed the Will on 14.6.55 bequeathing the disputed properties in absolute right to his said mistress Mallikabala Dasi. Mallikabala Dasi after the death of Girish sold the disputed property to Motilal Khamaru by a registered deed of sale dated 9.2.66 and Mallikabala left for her father's house where she died on 16th Falgun 1374 B. S. without any issue. Girish Sadhukhan died leaving two nephews Krishna Chandra Sadhukhan and Nilmoni Sadhukhan and both of them are dead. Nilmoni died leaving without any issue. Shib Prosad Sadhukhan, son of Jiban Krishna Sadhukhan is the only near relation of deceased Girish Chandra Sadbukhan.

(3.) Motilal Khamaru in his turn sold the disputed property to Gita Rani on 9.12.74 and from Gita Rani the petitioner-respondent Nemai Chand Ghosal purchased the property on 13.4.78. Since appellant Shib Prosad Sadhukhan filed Title Suit No. 177 of 1978 in the Court of 1st Munsif, Howrah against the petitioner/respondent claiming that he acquired the suit property as heir of Girish Sadhukhan, the petitioner felt necessity for filing the present suit for obtaining letters of administration on proof of the Will left by Girish in favour of Mallika.