CHUNIBALA BARUI Vs. LAKSHMIMANI ADHIKARY

JUDGEMENT

(1.) This first appeal is at the instance of a respondent in the proceedings for revocation of grant of Letters of Administration and is directed against order dated 12th April, 1979 passed by the learned District Judge, Hooghly in Revocation Case No. 91 of 1977 thereby allowing the said application and revoking the Letters of Administration earlier granted by the said Court to the present appellant by order dated 21st July, 1977 in Act 39, Case No. 145 of 1975. The following facts are not in dispute :

(2.) One Sitaram Das Bairagya, the testator, died on 15th February, 1965 leaving his widow Subhasini who died one month and three days after the death of her husband. The present appellant on 18th January, 1973 started the proceedings for grant of the Letters of Administration being Act 39 Case No. 90 of 1973 in the Court of the District Delegate for the purpose of obtaining the Letters of Administration of the estate of Sitaram Bairagya. His case was that Sitaram and executed an registered Will in the year 1943 under which all his properties would go to the person who would look after him and his wife during their last days and perform their last rites. According to the appellant, he was brought up by Sitaram and Subhasini as their son from his youth and he looked after them in their last days and he also performed their last rites.

(3.) One Narendra Mondal and seven others claiming to be the actual occupiers of the disputed property challenged the genuineness of the Will before the learned District Delegate and as such, the learned District Delegate returned the application to the present appellant for presentation before the District Judge.