JUDGMENT

Harish Chandra, J. - This is an application of Madhu Sudan Bagchi under S. 301, Succession Act, 1925 (Act XXXIX [39] of 1925), for the removal of opposite party 1 Hrishikesh Sanyal, from the office of executor with respect to the estate of his father, the late Sarnath Sanyal, who died in October 1931, leaving a will dated 13th September 1931, in which he had appointed opposite party 1 as executor. No probate was obtained by opposite party 1 with respect to that will. But, admittedly, he has been in charge of the property. Opposite parties 2 and 3 are the minor brothers of the applicant and opposite party 4 is their guardian. As they did not join in the application they have been arrayed as opposite parties 2 to 4. They have not put in appearance and apparently do not contest the application which has been contested by opposite party 1 alone.

2. The late Sarnath Sanyal left two sons, Hrishikesh Sanyal, opposite party 1, and Satyendranath Sanyal, and three daughters, namely, Srimati Sarjoo Bala Devi, Srimati Shu Kumari Devi and Srimati Lalana Bala Devi. By his will Sarnath Sanyal disinherited his younger son, Satyendranath Sanyal, who had not married and lived separately from