JOGENDRA KRISTO DUTT Vs. NRIPENDRA KRISTO DUTT

JUDGEMENT

(1.) HARENDRA Kristo Dutt was survived by his five sons and his widow. He was the owner of the several immovable properties in the city of Kolkata and other places. He made and published his last Will and Testament on March 20, 1940. He died on May 22, 1950. By his Will late Harendra Kristo Dutt appointed his widow Kanchan Kumari Dassi and his two sons Rajendra and Sailendra as executors. The Will of Harendra provided that five sons would receive 1/5th share in his estate. It also stipulated that if Amarendra died without living behind any wife or issue his share would be divided equally between Jogendra and Mahendra. Probate of the Will of late Harendra was granted on June 23, 1950.

(2.) ACCORDING to the plaintiff the two named executors of Harendra were guilty of misappropriation of the estate. The widow of Harendra along with Amarendra and Jogendra filed a suit before this Hon'ble Court being Suit No. 239 of 1965 for removal of Rajendra and Sailendra as executors. Such suit was decreed on January 16, 1966. Rajendra and Sailendra were removed as executors. Amarendra, Jogendra and Mahendra along with the widow of Harendra were appointed as executors and executrix. The outgoing executors were required to file the accounts and inventory of the properties and credit of the deceased.

(3.) IN 1975 Amarendra and Jogendra filed the instant suit for partition. By consent of the parties to the suit, a preliminary decree was passed on January 27, 1997. The Preliminary decree specified the shares of the parties. Subsequently, the preliminary decree was modified to include the clause of the Will of Harendra relating to the devolution of Amarendra's share. A Commissioner of Partition was appointed by the preliminary decree. The preliminary decree also required the parties to render accounts before the Commissioner of Partition.