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1949 Supreme(Cal) 164

GUHA, DAS GUPTA
SADANANDA PYNE – Appellant
Versus
HARINAM SHA – Respondent


Advocates Appeared:
APURBA DHAN MUKHERJEE, CHANDRA NARAYAN LAIK, HIRALAL CHAKRAVARTY, SHYAMADAS BHATTACHARIYA

DAS GUPTA, J.

( 1 ) THE principal question for decision in this appeal is whether the Dikshaguru of a Hindu not being the person who invested him with the sacred thread is his heir, on failure of other heirs. The appeal is against the decision of a Probate Court, allowing an application for revocation of a probate that bad been granted of a will of one Manmatha Nath Mandal, who will be later referred to simply as Manmatha. Manmatha died in July 1933, leaving his widow Manada Bala Dassi hereinafter referred to as Manada. Manada died in 1945. Disputes arose over properties left by Manmatha, after the death of Manada, between purchasers from Pachkari Bhuian who sold as a guardian of Gokul said to have been adopted by Manmatha and the purchaser from Janaki Nath Chakravarti who claimed to be Manmatha's heir on the death of Manada, on the ground that he was Manmatha's "dikshaguru". On 23rd August 1945, Panchkari Bhuian applied for Probate of a will said to have been left by Manmatha. He stated therein that there was no other heir of the deceased except Gokul Chandra Mandal, who had been taken in adoption by Manmatha. No special citation was, therefore, issued, and Probate was granted in











































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