ASIT NATH DAS Vs. SNEHALATA DEBI

JUDGEMENT

(1.) THIS is an appeal by Asit Nath das, the grant in whose favour, on november 29, 1961, of letters of administration, with the will dated march 3, 1920, annexed, of his grandfather Amrita Nath Das, has been revoked by a learned subordinate judge on January 31, 1967, under section 264 of the Succession Act, 39 of 1925, for short, "the Act" hereafter.

(2.) THE property over which this litigation rages is 119 Rasbihari Avenue, shortened hereafter into "119".

(3.) ASIT Nath Das, the appellant before us and the unsuccessful defendant in the revocation case in the court of first instance, is a descendant of Rani rashmani of hallowed memory. What the case is about can best be stated by inserting part of a. pedigree which is not disputed : rani Rashmani amrita Nath Das (Died on. April 17, 1921 ). = wife Nanibala (Died on June 9, 1931 ). Son anilendra son atindra = wife Subhasini son anadi son abani son asit Nath (Appellant)Son aswini Nath son asthoke Nath son ajay Nath. In the application bearing date june 29, 1962, by Sm. Snehalata Debi, now respondent, for revocation, under section 264 of the Act, of the grant, on november 29, 1961, of letters of administration with the will dated March 3, 1920, annexed, of Amrita Nath, on the foot of Asit Nath's application dated august 23, 1961, - more than forty years after the death of the testator amrita Nath -, Asit Nath and his three brothers, named in the pedigree, were opposite party 1 to 4, and their mother Subhasini and father Atindra nath opposite party numbering 5 and 6 respectively. An application as this for revocation by Snehalata, now respondent, was converted under the rules of the court into a suit, which culminated in a decree in her favour. Hence this appeal by Asit Nath.