PEARI LAL DAS Vs. BEPIN BEHARI DAS

JUDGEMENT

(1.) In these two Rules it appears that one Kamini Sundari Dasi made a Will by which she dedicated the bulk of her property to a certain deity.

(2.) By the Will she appointed six executors, of whom three Pyari Lal, Nadiar Chand and Bepin Behari Saha proved the Will and obtained a grant of probate on the 12th of August 1912. The remaining three Koylash Chandra, Bepin Behari Das and Sarat Lal have now applied that they should be joined in the grant, but of these the first named has since formally renounced his executorship.

(3.) The applications of Bepin Behari Das and Sarat Lal are opposed by the three executors to whom probate was granted in the first instance. They alleged on the part of the applicants adverse interest, lack of business capacity and waiver and their contention before us is that issues on these questions should have been framed.