CHAITANYA CHANDRA SAHA Vs. PARIMAL CHANDRA DUTTA

JUDGEMENT

(1.) This appeal from an appellate decree is at the instance of the plaintiff in a suit for declaration and permanent injunction which has been concurrently dismissed by the two courts below. It would be necessary to refer to certain facts lying in the background in order to appreciate and decide the real dispute between the parties and such facts are set out hereunder.

(2.) Dhiresh Chand Ghosh, since deceased, was admittedly the owner of premises No.8D, Mohanlal Street (hereinafter referred to as the suit premises) and the plaintiff/appellant was a tenant under the said owner in respect of the suit premises. On July 28, 1953, the said Dhiresh Chand Ghosh executed a will wherein he appointed his two sons Amarendra Nath Ghosh and Salil Kumar alias Salil Chandra Ghosh, defendants 3 and 4 (hereinafter referred to as such) to be the executors and trustees under the said will. In paragraph 5 of the said will, the said Dhiren Chand Ghosh made the following bequest:

(3.) Dhiresh died an year after on July 29, 1954. On September 12, 1955, the two executors defendants 3 and 4 took out probate from the original side of this High Court and a week prior thereto that is, on September 6, 1955, the executors addressed the following letter to the plaintiff, the tenant in respect of the suit premises: