TAPAN KUMAR MITRA Vs. DIBYENDRA NATH BANERJEE

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and decree passed by learned Judge, 5th Bench, City Civil Court, Kolkata in O.C. 18 of 2007 on 30/6/2007. Briefly stated, Smt. Labanya Banerjee, widow of Nipendra Nath Banerjee at the age of 82 executed her last Will on 18/7/2016 to bequeath her half share in respect of Premises No. 59/2 Raja Rammohan Sarani, P.S. Amherst Street, Kolkata-700009 in favour of Samir Kumar Ghosh, Santanu Ghosh and Shubhrangshu Ghosh. The testatrix had no issue. Dibyendra Nath Banjerjee and Dipyendra Nath Banerjee are the two sons of her brother in-law Manindra Nath Banerjee, since deceased. But the testatrix did not want them to inherit the property. Sri Tapan Mitra was appointed as the executor of the purported Will of the testatrix Labanya Banerjee. Labanya Banerjee died on 14/12/2006 and the executor Tapan Kumar Mitra filed the petition under Sec. 286 of the Indian Succession Act seeking grant of probate before the learned Chief Judge, City Civil Court at Calcutta under Act of 39 of 1925. Pursuant to citation, Dibyendra Nath Banerjee entered into appearance and challenged the Will as false and fake instrument and a product of undue influence on importunity.

(2.) It is further contended that Tapan Kumar Mitra is the advocate on record representing the beneficiaries, Samir Kumar Ghosh, Santanu Ghosh and Shubhrangshu Ghosh in Title Suit No. 1833 of 200. According to Caveator, alleged Will cannot be considered to be the last testament to Labanya Banerjee.

(3.) Learned Trial court was pleased to decide all the issues except issue no. 1 against the Plaintiff/Propounder.