Kamal Kr. Mitra VS Kum Kum Biswas

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUGATO MAJUMDAR
Kamal Kr. Mitra – Appellant
Versus
Kum Kum Biswas – Respondent

Counsel of the Parties:
For the Plaintiff in TS/1/2007:Mr. Dhruba Ghosh, Sr. Adv., Mr. Debraj Sahu, Adv., Ms. Debjani Ghosh, Adv., Ms. Nafisa Yasmin, Advocates
For the Plaintiff in CS/90/2008:Mr. Suman Dutt, Sr. Adv., Mr. Sarosij Dasgupta, Adv., Ms. Subhra Das, Advocates
For the Defendant in CS 90/2008:Mr. Dhruba Ghosh, Sr. Adv., Mr. Debraj Sahu, Adv., Ms. Debjani Ghosh, Adv., Ms. Nafisa Yasmin, Advocates
For the Defendant in TS/1/2007:Mr. Suman Dutt, Sr. Adv., Mr. Sarosij Dasgupta, Adv., Ms. Subhra Das, Advocates

JUDGMENT

Sugato Majumdar, J.—This is a contentious probate proceeding.

2. Deceased Gour Lal Mitra who was the Testator in the instant suit, was a Hindu and last resided at premises no. 5/1A, Raja Rajballav Street, Kolkata-700003. The said Gour Lal Mitra breathed his last on the 3rd day of June, 2005 in his residence. Prior to death, the Testator executed a will, said to be the last will and testament, dated 28th February, 2001 which was registered in Book No. III, Volume No. 3, Pages 292 to 302, Being No. 153 for the year 2001 at the office of the Registrar of Assurances, Kolkata. The Petitioner was appointed as the Executor.

3. On death of the Testator, the present application was filed by the Petitioner, praying for grant of probate of the said last will and testament dated 28/02/2001.

4. Citations were issued, following which several caveats were lodged, supported by respective affidavits in support of caveats. The Caveators and the Caveatrixes are one of the sons of the Testator and his daughters are the Caveatrixes. The present Petitioner is one of the sons of the Testator, the other being the Caveator.

5. Caveats were allowed and the affidavits in support of caveats were treat