SHIV SHANKAR SHAW ALIAS JAISWAL Vs. MIRA GUPTA

JUDGEMENT

(1.) This application is at the instance of the executors and is directed against the Order No.32 dated January 17, 2012 passed by the learned District Delegate, Sealdah in Probate Case No.50 of 2008.

(2.) One Raghoram Shaw was the owner of some properties and he died on January 2, 2008 testate leaving behind heir only daughter, namely, Roshani Shaw. Raghoram Shaw executed a Will bequeathing his entire properties to the petitioners and the opposite party No.s 2 to 5. The opposite party No.1 is a tenant in respect of the premises in suit as described in the schedule to the plaint. Raghoram Shaw filed two ejectment suits being No.s 21 of 2004 and 22 of 2004 against the opposite party No.1 and one Krishna Lal Gupta, since deceased, for eviction. As executors, the petitioners filed a probate case for grant of probate of the Will executed by Raghoram Shaw before the learned District Delegate, Sealdah being the Probate Case No. 50 of 2008. In that probate case, the opposite party No.1 filed a written objection against the grant of probate. Accordingly, by the impugned order, the learned District Delegate held that the matter has become contentious and as such, directed that the application for probate be returned to the executors for filing before the proper Court. Being aggrieved by such orders, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.