LAWS(CAL)-2024-4-193

SAMRAT SAMANTA Vs. SOMESH DHARA

Decided On April 05, 2024
Samrat Samanta Appellant
V/S
Somesh Dhara Respondents

JUDGEMENT

(1.) There has been a slew of litigations between the parties to the present suit or their predecessors in relation to the properties being the subject matter of the instant suit claiming undivided right, title and interest therein and/or on the strength of the probate granted to the Will of the original owner namely Bidhubhusan Samanta.

(2.) The instant appeal arises from an order disposing of an application for temporary injunction holding that the plaintiff/respondent have made out a prima facie case and the balance of convenience and inconvenience lies in their favour and in the event the injunction is not granted they would suffer irreparable loss and injury.

(3.) The salient facts involved in the instant appeal are required to be adumbrated before we embark upon the legality and/or infirmity of the impugned order passed by the Trial Court. Admittedly, Bidhubhusan Samanta was the owner of the property described in the plaint of the instant proceeding and made and published his last Will on 11/10/1958 and got the same duly registered with the sub-Registry Office. By virtue of the said Will, the said testator, the Bidhubhusan Samanta, bequeathed his 1/4thshare each in respect of the properties owned and possessed by him to his three sons namely Gobardhan Samanta, Lakshmi Narayan Samanta and Shyam Sundar Samanta and the remaining 1/4thshare was bequeathed to other two grandsons Sambhu Nath Samanta and Asit Samanta. Undeniably, the said testator died on 29/6/1960 and a probate application was filed by one of the executors for grant in solemn form. After the citation was issued, the other executor namely Biswanath Samanta lodged the caveat and filed an affidavit in support thereof challenging the genuinity and the authenticity of the said Will. The record would reveal that the said probate proceeding was converted into a letter of administration proceeding and compromise was entered into wherein the said Biswanath Samanta was given 8 anna shares in respect of the entire properties. Subsequently, the letter of administration was granted by the Competent Court but there appears some dispute amongst the parties on the effect and/or intricacies of the said letter of administration which we will deal in extenso in the latter portion of this judgment.