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1969 Supreme(Cal) 187

S.K.DATTA, S.K.CHAKRAVARTY
ANNAPURNA KUMAR – Appellant
Versus
SUBODH CHANDRA KUMAR – Respondent


Advocates Appeared:
APURBADHAN MUKHERJI, KANAN KUMAR GHOSH, MUKUL GOPAL MUKHERJI

S. K. CHAKRAVARTI, J.

( 1 ) THIS is an appeal by one Annapurna Kumar whose application for revocation of the grant of Letters of Administration to the respondent Subodh Chandra Kumar was dismissed by the learned District Judge, Hooghly. It appears that the properties were left by one Sarat Chandra Kumar who died intestate on -14-4-36. On the 16th of February 1939 his widowed mother Rakhalmani filed an application for Letters of Administration, and objections were filed by Subodh and his brothers, who happened to be the sons of the sister of Sarat. Their case was that the grant of Letters of Administration was unnecessary. The case ended in a compromise on the 14th of September, 1940 and an order was made for grant of Letters of Administration jointly to Rakhalmani and Subodh on their furnishing security. Subodh did not furnish any security and Rakhalmani alone did so, and on the 11th of April 1944, Letters of Administration were issued to Rakhalmani. On the 25th of May, 1955, Subodh applied for revocation of the grant made to Rakhalmani on the ground that Rakhalmani had sold away a portion of the estate without the Court's permission. During the pendency of the Subodh's applicatio





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