JUDGMENT

Srikrishna, J. — This appeal impugns a judgment of the Division Bench of the Calcutta High Court dated 28.6.2000. That an appeal was itself carried against an order of the learned Single Judge dated 16.2.2000 in Testamentary Jurisdiction allowing an application for discharge of the Joint Executors in respect of the estate of one Reba Mitra and appointing an Administrator pendente lite.

Facts

2. Phanindra Nath Mitra had two sons, Prabhat Kumar Mitra and Kamal Kumar Mitra, and a daughter, Suhasini Bose. The genealogical tree of the family is as under:

Phanindra Nath Mitra

Prabhat Kr. Mitra (Son) Kamal Kr. Mitra (Son) Suhasini Bose (Daughter)

(Latika Deb-Sabita Bose) (Reba Mitra Wife)

Daughters (Issueless)

Nieces

Latika DebSabita Bose (Deceased)

R 5

(Soumi Mazumdar & Shantanu Bose)

R 1 R 2

3. Kamal Kumar Mitra entered into an agreement dated 22.5.1988 with T.K. Ramasubramanyan (father of Sharad Subrmanyan, hereinafter "the appellant") by which a tenancy was created in respect of the ground floor flat of certain premises situated at 13/1, Promothesh Barua Sarani, Kolkata (hereinafter "the Suit Property") at a mon