BATHGATE AND COMPANY Vs. REVEREND HANOK GHOSE

JUDGEMENT

(1.) IN this application, the petitioners have sought orders for discharge of the respondent No. 1 as Administrator-De-Bonis-Non of the estate of Late Gertrude violet Chippendale, hereinafter referred to as the Testatrix, cancellation of a sale deed dated 14th August, 2006 executed by the respondent No. 1, in respect of premises No. 62/11, Ballygunge Circular Road, calcutta-700 019, hereinafter referred to as the said premises, and other consequential reliefs.

(2.) THE petitioner No. 1, a company incorporated under the Companies Act, 1956 and the petitioner No. 2, a school run by one Smt. Shalini Hingorani, are tenants at the said premises. The petitioner Nos. 1 and 2 claim to have been paying rent to the credit of the respondent No. 1. The petitioner No. 3, an indigenous church is an occupant of a portion of the said premises and has filed a suit for declaration of its right of adverse possession of the area occupied by it.

(3.) AT all material times, Premises No. 62 /11, Ballygunge Circular Road, calcutta-700 019 was owned by the testatrix, who died on 7th May, 1969. The respondent Nos. 8 to 19 are all beneficiaries of the Will executed by the Testatrix on 7th September, 1968. The said Will has duly been probated.