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1984 Supreme(Cal) 277

G.N.RAY, SANKARI PRASAD DAS GHOSH
DURGA CHARAN – Appellant
Versus
BHUDIBALA – Respondent


Advocates Appeared:
AJIT KUMAR CHAKRABORTY, CHANDRA NATH MUKHERJI, Mrinal Kanti Das, SMIT ROY, SUDHIR KUMAR BHATTACHARYYA

S. P. DAS GHOSH, J.

( 1 ) THE suit out of which this appeal arises was for granting Letters of Administration with a copy of the Will annexed to the plaintiff-appellant, Durga Charan alias Durgadas Sardar. One Kali Kumar Naskar was the owner of various properties. He had two brothers, Nabin and Abhoy. Tarak is the son of Nabin. Nanilal and Charan are the sons of Abhoy. Kali Kumar had adopted a son named Phani Bhusan, son of Abhoy: He had a daughter named Gourimani who was married with one Kirtibas Sardar. The plaintiff-appellant Durgadas as well as Madhusudan, Jiban Krishna, Hirendra and Narendra are the sons of Gourimani. Kali Kumar left a Will dt. 8-6-1932, corresponding to 25th Jaistha 1339 B. S. , bequeathing some of his properties to Gourimani and after her death to her son, son's son and heirs in succession and to his adopted son, Phani Bhusan and making provisions for his widowed sister-in-law, Smt. Fulmani Dasi. His wife Jnanada Mani was appointed as executrix and his son-in-law, Kirtibas was appointed as executor of this Will. This Will was registered. After the execution of this Will, Kali Kumar died in Jaistha 1341 B. S. His wife Jnanada Mani died in Pous 1358 B. S. His







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