(1.) The present appeal has been filed by the appellant being aggrieved by the judgment and decree passed by the Additional District Judge, Alipore dated July 22, 1978, inter alia, granting letters of administration of the Will of one Banshinath Nath, since deceased, in favour of the respondent.
(2.) Banshinath made a Will disposing all of his moveable and immoveable assets on Oct. 30, 1935 wherein all his properties including moveable and immoveable were given to his younger daughter-in-law, Nanibala to be enjoyed by her during her life time without any right to dispose of the same and, thereafter, to Smt. Panchimani Devi being the daughter of the said Nanibala, simultaneously, as and by way of life interest. It was provided in the said Will that after the death of Nanibala and Panchimani, respondent No. 1 being the son of Panchimani would be entitled to acquire the said properties as an absolute owner thereof. By the said Will Banshilal deprived his elder daughter-in-law for the reasons stated in the said Will.
(3.) However, since the said branch did not chose to contest the said testamentary proceedings the same is not relevant for our consideration.