The judgment of the Court was as follow :––

Chatterjee, J.: The short question which arises for determination in this appeal is whether an Executor to the Will of a deceased decree-holder is entitled to take possession of a premises as his legal representative in respect of which the decree for eviction had been passed, in execution of the said decree without producing the probate of the will in question in the executing Court in view of Section 213 of the Indian Succession Act, 1925 (the Act for short).

2. Mr. J.J. Madan, who is the Appellant No. 2 herein (hereinafter referred to as "Mr. Madan") was a tenant in respect of Eastern Portion of Premises No. 3, Surendra Nath Banerjee Road, Calcutta-700013 (hereinafter referred to as the "Decretal Premises") under the decree-holder, Roson Lal Aurora, since deceased, (hereinafter referred to as 'the deceased decree-holder'). In the year 1974 the deceased decree-holder instituted a suit for ejectment in respect of the decretal premises against Mr. Madan on ground that Mr. Madan had sublet the decretal premises to one Mohon Lal Bajoria, now deceased. On 16th of June, 1980 the aforesaid ejectment suit was decreed exparte on a finding