CHITRA MITRA Vs. BANDANA MITRA

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 20.08.2010, passed by learned 1st Addl. District Judge, Giridih in connection with Probate Case No.01 of 2004/Title Suit No.07 of 2004 whereby and whereunder the learned District Judge has been pleased to decree the suit in favour of the plaintiffs/respondents and the Will in question has been ordered to be probated.

(2.) Smt. Bandana Mitra and Dilip Kumar Mitra filed an application for grant of probate against a Will dated 03.06.1995 created by Asha Rani Mitra, wife of late Dhirendra Nath Mitra by which the testatrix had bequeathed the property owned and possessed by her within the district of Giridih, described in ScheduleA of the plaint in favour of Bandana Mitra whereas land and building situated at main road Belia Ghat, Kolkata, West Bengal, described in Schedule B of the plaint in favour of Dilip Kumar Mitra.

(3.) The facts, in brief, are that late Asha Rani Mitra widow of late Dhirendra Nath Mitra and her sisterinlaw (Gotini) Kiran Bala Mitra had acquired 03 bighas 11 kathas and 4 dhurs of land by standard measurement surrounded by compound wall consisting of Pukka house bearing holding no.186 (old) 253 (new) ward no.1 (old), ward no.2 (new) of Giridih Municipility situated by the side of GiridihBengaband road Barganda mouza Makatpur Thana No.95, Giridih town. In view of the final decree prepared in Partition Suit no.24 of 1978 Asha Rani Mitra was allotted 01 bigha 15 kathas and 12 dhurs in two blocks over portion of residential building and other structures, trees, gardens, wells etc. with separate boundaries, fully described in scheduleA of the petition to which she acquired and had been enjoying peaceful possession. Asha Rani Mitra also owned and possessed half share in an undivided land measuring 2.75 kathas of standard measurement with thatched roof by G.I. sheets consisting of bed rooms, kitchens, store rooms, bath room latrine and courtyard etc. bearing house no.45/H/14 Belia Ghat main road, Kolkata which is fully described in schedule B of the petition. Asha Rani Mitra was blessed with a son named Dilip Kumar Mitra who is married with Smt. Bandana Mitra (petitioner). Asha Rani Mitra was also having five daughters namely Chitra Mitra, Shipra Mitra, Dipti Mitra, Tripti Mitra and Shuvra Mitra (defendants).