PRAMOD KUMAR JALAN Vs. BANWARILAL JALAN

JUDGEMENT

(1.) The Judgment of the Court was as follows:

(2.) This case pertains to the bequest relating to the tenancy right in respect of the north-west ground floor flat at premises No. 10, Lower Rawdon Street, Calcutta-700020, which the father of the executor held as a monthly tenant under a trust. The Will stipulated that such tenancy should go to a grandson of the testators through another son. The Probate of the joint and mutual Will was granted to the executor on September 06, 2007. Since then, administration of the estate is complete.

(3.) It is the case of the petitioner, legatee of the said flat, that the executor refused to give assent to the said legacy of the petitioner under section 332 of the Indian Succession Act and, therefore, the petitioner on or about May, 2009 filed a suit in the Alipore Court being Title Suit No. 1442 of 2009 against the respondent who was impleaded therein as defendant No. 1 in his capacity as the executor, as well as in his capacity as a trustee (impleaded therein as defendant No.4) for a declaration that he was entitled to the tenancy right in respect of the bequeathed flat and also for other consequential relief by way of injunction.