N.D. SAMANT Vs. KUMARI JAYASRI ROY

JUDGEMENT

(1.) DEFENDANT is the Appellant. The original Defendant died during pendency of the appeal and his legal representatives have been substituted in his place. Respondent Jayasri Roy filed a petition under Section 278 of the Indian Succession Act for grant of letters of administration on a will executed in her favour by Kamalnath Rayon 12 -2 -1972 bequeathing there under a case deposit of Rs. 73.303 63 p. in the State Bank of India, Jeypore and an amount of Rs. 6,615.12 p. towards compensation dues pending in favour of Kamalnath Roy with the Estates Abolition Tribunal, Snkakulam.

(2.) PLAINTIFF 's case is that Kamalanath Roy was treating the Plaintiff with greatest affection and love and on 12 -2 -1972 he executed a will in her favour bequeathing his savings in the bank account amounting to Rs. 73,393.63 p. in the State Bank of India, Jeypore and the money to be received from the Estates Abolition Tribunal, Srikakulam in Andhra Pradesh. Thus, the amount of assets which are likely to come to the bands of the Plaintiff is a bout Rs. 79,618.75 p. under the will. The deceased left no other assets and the Plaintiff being the universal legatee of the assets of die deceased is entitled to grant of letters of administration. She applied to the State Bank of India, Jeypore for the amount, but she was directed by the bank to procure letters of administration and, accordingly, the present suit was filed.

(3.) ADMITTEDLY , Kamalnath died on 12 -4 -1972 and he was suffering from paralytic stroke. It is also admitted that Kamalnath had two wives. P.W. 2 is the son through the first wife. The first wife is dead. Plaintiff is the daughter of Jaganmohini. Through Kamalnath, Jaganmohini had a number of issues of whom Plaintiff is one. It is also admitted that the objector Appellant is the sister's son of Kamalnath.