TARAPADA DAS Vs. BIMAL KUMAR DAS

JUDGEMENT

(1.) The judgment and order passed by the learned AddiUonal District Judge, 1st Court. Howrah in L.O.A. Case No. 1 of 1995 is the subject of attack in the present appeal.

(2.) The present respondent Bimal Kr. Das submitted an application for grant of letter of administration to the will executed by his father Amulya Charan Das before the District Delegate, Howrah in the year 1990 and that application was registered as L.O.A. Case No. 321 of 1990. The said application of Bimal Kr. Das became a contentious one since the filing of objection by the present appellant Tarapada Das and the application of Bimal Kr. Das was transferred to the file of Additional District Judge, 1st Court, Howrah for disposal with new registration number as L.O.A. Case No. 1 of 1995.

(3.) Bimal Kr. Das in his application for grant of letter of administration has stated that the properties comprising in Dag Nos. 1608 and 1610 of Khatian No. 134, Mouza-Kona, P.S. Liluah belonged to his father Amulya Charan Das who died on 16.5.1987. Amulya Charan Das during his life time executed a deed of gift in favour of his eldest son Chandra Sekhar Das on 3rd September, 1984 and in the said deed of gift Amulay Charan Das expressed his desire to bequeath a portion of the said property in favour of appellant Tarapada Das and also a portion of the property in favour of respondent Bimal Kr. Das. Amulya Charan Das during his life time executed a 'Will' in favour of Tarapada Das as per his desire expressed in the deed of gift. Bimal Kr. Das after the death of Amulya Charan Das has prayed for grant of letter of administration on the basis of certified copy of the deed of gift as the original deed of gift is in custody of his brother Chandra Sekhar Das.