JITENDRA NATH PALIT Vs. LOKENDRA NATH PALIT

JUDGEMENT

(1.) This is an action brought to declare that two indentures, dated the 15th June 1912 and the 8th October 1912 respectively, executed by the late Sir Tarak Nath Palit are invalid and inoperative in law and that the properties covered by those indentures are unaffected thereby and form part of the estate of the deceased, and further for an order that the executors under the Will of the late Sir Tarak Nath do, in due course of law, administer the said properties as assets belonging to his estate.

(2.) The plaintiff Mr. Jitendra Nath Palit is one of the two sons of the late Sir Tarak Nath, and, under the Hindu Law of the Bengal School by which the family is admittedly governed, is one of the heirs of the deceased.

(3.) Sir Tarak Nath died on the 3rd October 1914, leaving a Will dated the 2nd May 1914, whereby he appointed his second son Mr. Lokendra Nath Palit and Mr. Sisir Kumar Mullick executors thereof. At the time of his death his heirs were his two sons above mentioned and his widow Lady Palit.