JUDGMENT :

Heard Mr. S.K. Saharia, learned counsel for the Appellant and Mr. S.C. Biswas, learned counsel for the Respondent.

2. This is an appeal under Section 299 of the Indian Succession Act, 1925 for short, (Act of 1925) challenging the order dated 27.06.2011 passed in Misc L.A (R) Case No.22/2010 by the Court of the District Judge, Nagaon whereby, the letter of administration granted in Misc (P) Case No.14/1997 dated 27.08.1997 was revoked.

3. The brief facts of the instant case are that one late Hussain Ali was the predecessor in interest of the appellant, respondents and the proforma respondents herein. During his lifetime, late Hussain Ali had executed a registered will bearing deed No.33 dated 18.03.1991 in favour of the appellant and the proforma respondents in respect of a plot of land measuring 15 bighas, 3 kathas 3 lessas covered under patta No.192, Dag No.507/508 and 668 situated in village Borghuli under Mouza Pubthoria in the district of Nagaon, Assam without appointing any executor/executors.

4. The appellant herein, being the eldest son of the testator late Hussain Ali, filed an application for grant of letter of administration before the Court of the District Judge,