LABANYA PROVA GUHA Vs. BALAI CHANDRA MUKHERJEE

JUDGEMENT

(1.) This is an appeal by the Defendant No. 4 against the judgment decreeing the Plaintiffs Respondents' suit thereby allowing their application for grant to them of letters of administration with the copy of the will annexed in respect of the estate of one late Harimohan Ghosal.

(2.) The relevant facts according to the Plaintiffs are as follows:

(3.) The application for grant was really contested by the Defendant No. 4, the Appellant before us, who is the purchaser for consideration of the right, title and interest of Defendant No. 5, the alleged reversionary of late Harimohan in the property in dispute. The Appellant contended, inter alia, that the suit was barred by Sec. 213(1) of the Indian Succession, Act, 1926 (XXXIX of 1935), that the applicants had no Locus standi to' apply for grant of letters of administration and the will was not executed by the testator nor validly attested by the witnesses.