LESHMA DUTT Vs. SUBHAS SINHA

JUDGEMENT

(1.) Heard Mr Anis Akhtar, the learned counsel appearing on behalf of the petitioner and Mr Pushkar Narain Shahi, the learned senior counsel appearing on behalf of the opposite parties.

(2.) This revision application has been filed against the order dated 01.02.2006 passed by Learned District Judge, Patna in Execution Case No.06/03 whereby the execution case has been held to be not maintainable, and accordingly, dismissed.

(3.) The matrix of the facts unveils that Late Kameshwar Prasad Sinha executed a will dated 03.02.1963 granting life estate in the bequeathed property to his wife Smt Shivrani Sinha with further stipulation that after her death the bequeathed property would vest in his sons and daughters through inheritance and succession. The petitioner Smt Leshma Dutt @ "Lessee" is one of his daughters and a legatee under the said will. After the death of Smt Shivrani Sinha, the petitioner filed Test Case No.05/97 before this Court praying for grant of letters of administration, with the copy of the will annexed therewith, executed by Late Kameshwar Prasad Sinha. By judgment and order dated 05.11.1999 the Test Case No.05/97 was allowed by this Court and the letters of administration, with the copy of the will annexed therewith, was granted to the petitioner with regard to the bequeathed properties under the will.