LALIT MOHAN MONDAL Vs. PROFULLA KUMAR MONDAL

JUDGEMENT

(1.) The plaintiffs instituted the suit for the grant of Letters of Administration, They alleged that on the 21st Nov. 1955, their father, Nagendra Nath Mondal, executed a will. On the 18th Dec, 1967. he expired. The executrix under the will was his wife, Aiswarjyamoyee Dasi. She instituted Original Suit No. 13 of 1968 for grant of a probate in her favour. But she was prevailed upon by the interested parties to withdraw that suit. The plaintiffs, who are three of his sons, are the beneficiaries under the will.

(2.) Defendants Nos. 1 and 2. who are Nagen's sons, filed a written statement. It has been alleged, inter alia, that the suit is not maintainable and the plaintiffs have no locus standi to bring it. Nagendra Nath Mondal did not execute any such will. It is not at all a genuine document. He had been suffering from illness from before the execution of the alleged will. There was no reason to deprive his two sons (contesting defendants) of his property. Moreover, Nagendra Nath Mondal filed Title Suit No. 714 of 1965 in the 3rd Munsifs Court, Sealdah. After his death, all his legal heirs and representatives including the defendants were duly substituted in his place.

(3.) The learned Additional District Judge accepted the plaintiff's version, decreed the suit and issued Letters of Administration with a copy of the will annexed. Hence this appeal.