PABITRA KUMAR BANERJEE, G. N. RAY, JJ.

( 1 ) THIS appeal arises out of the judgment and decree passed in O. C. Suit No. 7 of 1959 (Letters of Administration) of the Court of the learned District Judge, Jalpaiguri, wherein an application for grant of Letters of administration was made by the petitioners Sohan Ali and Abed Ali through their certified guardian mother Naharbi Bewa. The said minor petitioners prayed for Letters of administration to the estate of the decased Dhanbi Bewa on the basis of the last Will and testament made by her bequeathing all her properties to the said petitioners who were also appointed executors under the said Will. One Jabed Ali died leaving two wives, namely, Dhanbi Bewa and Naharbi Bewa. The said Jabed Ali had another wife named dhando Bibi who had pre-deceased her husband leaving a son Abdul Jubbar who was alive. Dhanbi Bewa was childless and she died on the 9th Karticl, 1364 B. S. leaving behind the Will in question in respect of which the aforesaid Letters of administration had been prayed for. By the aforesaid Will, the said Dhanbi Bewa had bequeathed all her properties to the sons of Naharbi Bewa. One Dhane Ali who was the uterine brother of the

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