KALYAN JYOTI SENGUPTA

( 1 ) THE above application being g. A. No. 2721 of 2004 has been taken out by the propounder/executor of a testamentary document dated 18th April, 1999 of the above testatrix Priyamvada for discharge of caveats lodged by one Krishna Kumar Birla, basanta Kumar Birla, one Ganga Prosad birla and one Yasha Bardhan Birla. Sri R. S. Lodha, applicant herein says that the aforesaid four persons have no caveatable interest in the estate of the Priyamvada Devi birla since deceased (hereinafter referred to as the Lady)) as they do not have any slightest interest in the estate left by the Lady. Only Laxmi Devi Newar and Radha Devi mohta the sisters of her late husband madhab Prasad Birla, since deceased (hereinafter in short M. P.) are the heiresses and legal representatives to succeed the estate left by Lady in case of death intestacy. Obviously, it is the caveators at this stage who are to establish their right to maintain the caveats. In their affidavits in opposition in answer to the aforesaid charge four persons have separately stated as follows : g. P. Birla stated in his affidavit that in 1981 both the deceased lady and her husband namely M. P. Birla pursuant to a

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