LAWS(CAL)-1956-1-9

BENOY KUMAR MONDAL Vs. PANCHANON MAJUMDAR

Decided On January 12, 1956
BENOY KUMAR MONDAL Appellant
V/S
PANCHANON MAJUMDAR Respondents

JUDGEMENT

(1.) This appeal is directed against the grant of letters of administration to the respondent Panchanon Majumdar alias Panchanon Mondal in respect of the estate of one Sm. Sarojini Mazumdar, deceased.

(2.) It has been found by the Court below that the deceased Sarojini was a Christian by religion. That finding is not challenged before us by either party. Respondent Panchanon who was the applicant for the letters of administration was related to Sarojini in the manner as will appear from the following genealogy; <IMG>JUDGEMENT_177_AIR(CAL)_1956Image1.jpg</IMG> Respondent Taken along with the fact that Sahadeb and Rajkumar were two brothers; or, to put it more succinctly and in a direct form, the relevant genealogy under which the respondent Panchanon claims would stand as follows; <IMG>JUDGEMENT_177_AIR(CAL)_1956Image2.jpg</IMG> Respondent

(3.) Appellant Benoy, who was the objector to Panchanon's claim for letters of administration, also pleaded that he was related to Sarojini through his remote ancestor Raghu who was the brother of Bharat, the paternal grandfather of Sarojini's grandmother (mother's mother) Bilashini, and, upon that allegation, he claimed under the following genealogy: <IMG>JUDGEMENT_177_AIR(CAL)_1956Image3.jpg</IMG> Appelent.