NETAI CHAND MULLICK Vs. BISWANATH MULLICK & ORS.

JUDGEMENT

(1.) These testamentary proceedings were instituted for obtaining probate of disputed Will dated the 17th May, 1964, of one Saroj Kumari Dassi, deceased. The propounder Netai Chand Mullick claims to be the executor nominated in the said Will. Facts, some of which are matters of record and are not disputed are noted as follows.

(2.) Late Mohanlal Mullick, the husband of Saroj Kumari, was a Hindu governed by the Dayabhaga. He died intestate on the 21st May, 1953, leaving him surviving his widow, Saroj Kumari and his three sons, Biswanath, Radhanath and Lokenath, as his legal heirs and representatives. Subasini Mullick, the married and the only daughter of Mohanlal, also survived her father,

(3.) On the 28th Aug., 1956, Biswanath, the eldest son of Mohanlal, filed a suit in this Court, being Partition Suit No. 2303 of 1956, claiming inter alia, partition and division of the assets and properties left by Mohanlal, Saroj Kumari, Radhanath and Lokenath were impleaded as defendants in that suit. On the 11th Sept., 1956, by consent of the parties, a Commissioner of Partition was appointed. The assets and properties of Mohanlal were duly divided and the Commissioner filed his Return on the 9th May, 1960. This Return was confirmed by a decree dated the 6th March, 1962 passed in the said partition suit.