Tapan Kumar Mitra vs Dibyendra Nath Banerjee

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 286

SOUMEN SEN, SIDDHARTHA ROY CHOWDHURY
Tapan Kumar Mitra – Appellant
Versus
Dibyendra Nath Banerjee – Respondent

Advocates appeared:
Mr. Souradipta Banerjee, Adv., Mr. Arnab Roy, Adv., Ms. Fatema Hassan, Adv., for the Appellant; Mr. Suddhasatva Banerjee, Adv., Mr. Sounak Bhattacharyya, Adv., Mr. Subhrangsu Ganguly, Adv., for the Respondent

JUDGMENT

Siddhartha Roy Chowdhury, J. - Challenge in this appeal is to the judgement and decree passed by learned Judge, 5th Bench, City Civil Court, Kolkata in O.C. 18 of 2007 on 30th June, 2007. Briefly stated, Smt. Labanya Banerjee, widow of Nipendra Nath Banerjee at the age of 82 executed her last Will on 18th July, 2016 to bequeath her half share in respect of Premises No. 59/2 Raja Rammohan Sarani, P.S. Amherst Street, Kolkata-700009 in favour of Samir Kumar Ghosh, Santanu Ghosh and Shubhrangshu Ghosh. The testatrix had no issue. Dibyendra Nath Banjerjee and Dipyendra Nath Banerjee are the two sons of her brother in-law Manindra Nath Banerjee, since deceased. But the testatrix did not want them to inherit the property. Sri Tapan Mitra was appointed as the executor of the purported Will of the testatrix Labanya Banerjee. Labanya Banerjee died on 14th December, 2006 and the executor Tapan Kumar Mitra filed the petition under Section 286 of the Indian Succession Act seeking grant of probate before the learned Chief Judge, City Civil Court at Calcutta under Act of 39 of 1925. Pursuant to citation, Dibyendra Nath Banerjee entered into appearance and challenged the Will as false and