KARUNAKAR MOHANTY & ANOTHER Vs. BRAHMANANDA MOHANTY

JUDGEMENT

(1.) UNSUCCESSFUL applicants in an application under Section 278 of the Succession Act, 1925, (hereinafter referred to as 'the Act') for a letter of administration on basis of last Will executed by Ahalya are appellants in this appeal under Section 299 thereof.

(2.) LAND in respect of which Ahalya executed the Will and registered it on 16.11.1972 before her death on 18.1.1973 belonged to Pitei Mallik younger brother of her husband. Pitei during his life time led life of an ascetic and founded a religious institution installing deity Sri Hanuman Jew. He endowed the properties to the religious institution. However, thereafter, he was unheard of for a long time for more than seven years. There was dispute in relation to aforesaid properties of Pitei. While Ahalya claimed to be in possession as successor to Pitei. Respondent claimed to be in possession as Marfatdar of Sri Hanuman Jew. Appellants were supporting Ahalya along with others. Respondent initiated a proceeding under Section 144, Cr. P.C. against Ahalya, appellants and others which was converted to a proceeding under Section 145, Cr. P.C. in which possession of respondent was found. To avoid the same Ahalya filed Title suit No. 28 of 1972 in Court of Munsif, 2nd Court Cuttack. A receiver has been appointed who is now in possession of the property. Hearing of the suit has been stayed on account of pendency of this proceeding.

(3.) ON death of Ahalya on 18.1.1973, appellants filed the application on 4.5.1973 describing daughter and son of deceased sister of Ahalya as her near relatives. On citation being issued, respondent entered appearance on 26.4.1974 and lodged caveat under Section 284 of the Act disclosing his interest. On objection being filed the application was registered as a suit.