ANIRUDDHA MITRA Vs. ADMINISTRATOR GENERAL OF BENGAL

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court at Calcutta in its appellate jurisdiction dated 5 April 1946, which affirmed a judgment and decree of that Court in its original jurisdiction dated 28 March 1945.

(2.) The appeal arises out of a suit by way of originating summons instituted by the appellant for the construction of the will of his father the late Rai Bihari Lal Mitra.

(3.) The facia are not in dispute. The testator was a wealthy Hindu governed by the Dayabhaga school of Hindu law. He died on 7 February 1933, leaving him surviving his widow Sreemutty Nayani Mitra, his only son the appellant Aniruddha Mitra, and the wife of the appellant Sreemutty Nivanani Mitra.