ARCHANA DUTTA Vs. NARAYAN CHANDRA SARKAR

JUDGEMENT

(1.) The Challenge is made to an order dated July 10, 2014 passed by learned Additional District Judge, 4th Court, Barasat, in O.S. 11 of 2005 rejecting an application under Order 1 Rule 10 (2) of the Code of Civil Procedure filed by the petitioner.

(2.) The Miscellaneous Case No. 265 of 2002 was filed before the learned District Judge, Barasat for grant of the probate of a will dated August 25, 2000 executed by Gopal Chandra Sha since deceased. The said probate proceeding was converted into a contentious cause on the objection raised by one Bharati Sha (Jana) and was registered as O.S. 11 of 2005. The petitioner herein filed an application seeking her addition in the probate proceeding alleging that the testator had no title to a property sought to be bequeathed through the said will. The petitioner asserts that by virtue of a partition deed dated March 31, 1936 executed by and between three brothers namely Prafulla Kumar Sha, Gopal Chandra Sha (Testator) and Nityananda Sha. The entire property of Monirampur Mouza was allotted in favour of Prafulla Kumar Sha and the entire property of Sadar Bazar Mouza was allotted to Gopal Chandra Sha (Testator) and Nityananda Sha.

(3.) It is further averred that in terms of the said partition deed, the Prafulla Kumar Sha become an absolute owner of the property situated in Monirampur Mouza and by executing a Will dated 27.11.1960 bequeathed the said property in favour of his wife and the daughter (Objector in the probate proceeding). After the death of the said Prafulla Kumar Sha, an application for grant of the probate was filed before the learned District Judge, Barasat which gave rise to registration of Misc. Case No. 279 of 2001 and the probate was granted on July 10, 2002. Before the probate could be granted to the will of the Prafulla Kumar Sha, both his wife and the daughter transferred a plot of land measuring 4 Cottahs 2 Sq. feets of land comprised in Monirampur Mouza together with one tile shed room by executing and registering a deed of sale dated February 12, 1992 in favour of the petitioner and the possession was also given simultaneously thereto.