SANTIRAM DAS Vs. PROSHAD DAS

JUDGEMENT

(1.) This is an appeal on behalf of an executor against an order passed by the learned Subordinate Judge, Howrah, direoting him to file an inventory & accounts.

(2.) Srinibash Das, the testator, died leaving a widow, Sabitri & 3 minor sons, Prosad, Shiv Chandra & Tarapada. By his will he had appointed his two brothers Asutosh & Santiram as executors & after the death of the testator the litter applied for grant of probate which was actually directed to be issued on 9-5-1925. On 6-6-1926, Sabitri, the widow of the testator started revocation proceedings on various grounds which were ultimately disposed of on 13-11-1926, on agreed terms, the probate which had been issued being maintained. The properties left by the testator Srinibash were mainly held jointly with his other three brothers, Asutosh, Santiram & Kantiram. It is stated that the executors, appointed by the Court, did not file either an inventory or accounts within one year as required both under Section 817, Succession Act & the Probate was issued.

(3.) On 28-11-1946, an application was filed by Prosad the eldest son of the testator against Santiram, the surviving executor the other executor Asutosh having died about 1936. Prosad prayed before the Probate Court, for being put in possession of the properties left by his father & for a direction on the executor to render accounts upto-date & bring in Court the amount lying with him. Santiram, the executor filed an objection on 28-6-1947, contesting the prayers made on the merits as also on grounds of jurisdiction, On 3-4-l948, this application came up before the Subordinate Judge, Second Court, Howrah for final hearing when the pleader for the petitioners stated that be would not press the prayer for making over possession of the property. Hence the only question for consideration was as to the rendering of accounts by the executor.