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1991 Supreme(Ori) 31

ARIJIT PASAYAT
A. CHANDRABATI – Appellant
Versus
LAXMI DEI – Respondent


Advocates Appeared:
B.H.H.SVAIN, DEV ANANDA MISRA, DIPAK MISRA, R.N.NAIK

ARIJIT PASAYAT, J.

( 1 ) LETTERS of Administration in respect of a Will alleged to have been executed by one A. B. Amajee having been granted in favour of one Shrimati Laxmi Dei, her sister-in-law has come before this Court for relief.

( 2 ) THIS is second journey of the parties to this Court in the following background. A. B. Amajee (hereinafter described as 'the testatrix') is the daughter of one E. Kanhaya whose sister is A. B. Amadu. The said A. B. Amadu is the grandmother of A. Bhaikar Rao and Laxmi Dei. A. Bhaskar Rao' sister Laxmi and widow A. Chandrabhati are the contesting parties. According to Laxmi (also described as 'the propounder'), a Will was executed by the testatrix on 17-2-1957 stipulating inter alia that after the death of A. B. Amajee, Laxmi and A. Bhaskar Rao shall get the properties. It contained a further stipulation that if any of the legatees died without leaving behind any son or daughter, the properties would go to the other legatee. A Bhaskar Rao died on 19-9-1974 issueless and hence Laxmi put claim to enjoy the entire properties, since Amajee had died earlier on 12-8-1957. According to Laxmi, after the death of Amajee, both she and her brother were pos





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