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2000 Supreme(Cal) 67

Tarun Chatterjee, Amit Talukdar
Shyamal Kr. Ghosh – Appellant
Versus
Anjali Das – Respondent


Advocates appeared:
P.K. Dutta. P.K. Khanra for the appellant
A.B. Chatterjee for the respondent

Judgment

T. Chatterjee, J.

By consent of parties, this appeal is treated as on day's list and is disposed of by the following judgment.

2. Late Amiya Kisku who was originally a Scheduled Tribe but, subsequently, converted to Christianity executed a Will in respect of his properties left by him. The plaintiff/appellant for grant of probate of the said Will filed a suit being other suit No. 35/95 before the Additional District Judge, 6th Court at Midnapore. In that suit, the respondent Anjali, daughter of Amiya Kisku entered appearance and was contesting the grant of probate. After entering appearance, she filed a petition stating that since late Amiya Kisku belonged to Scheduled Tribe, the transfer of properties of late Amiya Kisku by a Will to a non-Scheduled Tribe was void in view of section 14(B) and section 14(C) of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as "the Act"). The Trial Court allowed the said petition filed by the respondent Smt. Anjali Das and the suit for grant of probate of the alleged Will of late Amiya Kisku was found to be not maintainable and hit under sections 14(B) and 14(C) of the Act and accordingly, the suit was dismissed.

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