Decided on August 30,1973

Ganesh Mohapatra Appellant
Udaynath Mohapatra Respondents


B.K. Ray, J. - (1.) THE Defendant is the Appellant.
(2.) THIS appeal arises out of O.S. No. 35, 26 of 1966 65 II instituted by the Plaintiff -Respondent in the Court of the Subordinate Judge, Puri for grant of letters of administration in respect of the estate of one Kishori Bewa. According to the case made out in the plaint, Kishori Bewa bequeathed all her properties described in the Schedule attached to the plaint in favour of the Respondent by a Will executed by her on 1 -3 -1943. The Will was registered the same day before the Sub -Registrar, Puri. She having died on 27 -2 -1946, the Respondent filed the suit for grant of letters administration with a copy of the Will annexed to it. The Appellant challenged the Will dated 1 -3 -1943 of Kishori Bewa on the allegation that the properties bequeathed by her under the said Will originally belonged to one Gopinath Mohapatra, husband of Kishori Bewa and that Gopinath bequeathed these properties in favour of the Appellant by a Will dated 26 -12 -1942. According to the Appellant, he got probate of the Will on 26 -7 -1943, and therefore, the Respondent was not entitled to the grant of letters of administration in respect of the very same properties of late Gopinath Mohapatra without revoking the grant of probate or letters of administration in favour of the Appellant in Misc. Case No. 1 of 1943 of the Court of the District Judge, Puri.
(3.) THE trial Court having decreed the suit, the Appellant has preferred the present appeal.;

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