NISHIT MOHAN CHATTERJEE Vs. DURGADAS BHATTACHARYA

JUDGEMENT

(1.) This appeal is at the instance of an application for Letters of Administration and is directed against the order dated October 3, 1994 passed by the learned Additional District Judge, 1st Court, Hooghly in Letters of Administration Suit No. 5 of 1976 thereby dismissing the prayer of the appellant only on the ground of locus standi.

(2.) The appellant filed the aforesaid suit for Letters of Administration with a copy of the last will and testament of Smt. Satadal Basini Debi, since deceased, annexed on the allegation that said Satadal Basini Debi executed the said will on August 2, 1933 and by the said will, 'Ka' scheduled property was given to Smt. 'Shanti Sudha Debi, the mother of the appellant absolutely.

(3.) The aforesaid suit was contested by the respondents viz., the heirs of Satadal Basini Debi on the ground that Shanti Sudha, the mother of the appellant, having died during the lifetime of Satada! Basini, the legacy in favour of Shanti Sudha lapsed and as such appellant was not entitled to get any share in the property. The execution and attestation of the will was also disputed.