SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1995 Supreme(Cal) 461

SIDHESWAR NARAYAN
Broja Behari Sen – Appellant
Versus
Joyanti Sen – Respondent


Advocates:
Advocate Appeared:
Mr. S.P. Roy Chowdhury and Anit Kr. Rakshit for the Petitioner
Mr. Mukul Prakash Banerjee and Pradip Prakash Banerjee for the Opposite Parties

JUDGMENT

1. This petition in revision is directed against the orders dated 17.5.1991 and dated 20.6.1991, passed by Shri P. Mondal, Assistant District Judge, 10th Court, Alipore in Title Suit No. 114 of 1995 (earlier being Title Suit No.33 of 1950 of the Court of Subordinate Judge, 24-Parganas). As per these orders on one side the natural heirs of the sole deceased plaintiff, Bon Behari, being his wife and three daughters were substituted and one, Mitali Biswas was added as defendant on death of her mother, Jyotsna Rani (Defendant No.4) and on the other side the original petitioner's prayer for dismissal of the suit as abated was rejected. The petitioner's prayer was rejected on the sole ground that the petitioner being not a party to the suit, his prayer for dismissal of the suit could not be entertained.

2. The controversy between the parties centres around a registered deed of Will dated 27.11.1927 with regard to the estate of one, Basanta Behari Sen. The Will has been probated on 3.12.1930 in favour of the sole executrix, Bijan Bala, third wife of the testator. The aforesaid suit for administration and construction of the Will was instituted by one, Binoy Behari Sen, son of the t


































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top