Decided on February 19,2018

Pundev Sharma, S/O Late Shiv Rattan Sharma Appellant
Saligram Gupta And Ors Respondents


Kalyan Rai Surana, J. - (1.) Heard Mr. GP Bhowmick, the learned senior counsel assisted by Ms. P. Kalita, the learned counsel for the appellant as well as Mr. AK Gutpa, the learned counsel for the respondents.
(2.) By this appeal under Section 299 of the Succession Act, 1925, the appellant has challenged the judgment dated 06.02.2012 passed by the learned District Judge, Tinsukia in T.(P) Suit No.24/2003, thereby dismissing the suit instituted by the appellant for granting of letter of administration in connection with the Will dated 16.03.1995 executed by Baleswar Prasad Gupta, who died on 24.11.1995.
(3.) The brief facts of the case is that on the death of Baleswar Prasad Gupta, he left behind 5 sons and 1 daughter, namely, (i) Saligram Gupta, (ii) Jagadish Gupta, (iii) Jagarnath Gupta, (iv) Ganesh Gutpa, (v) Sanjay Gupta and (vi) Smt. Rajkishori Devi. In the written objection filed by the opposite party No.5, namely, Sanjay Gupta, he had disclosed that Baleswar Prasad Gupta had nine other successors and legal heirs, namely, (i) Smt. Thakuri Devi, (ii) Smt. Kamla Devi Gupta, (iii) Smt. Premlata Gupta, (iv) Rajesh Prasad Gupta, (v) Dilip Kumar Gupta, (vi) Ashok Kumar Gupta, (vii) Ajay Kumar Gupta, (viii) Amit Kumar Gupta and (ix) Mukesh Prasad Gupta. While, the testator, namely, Baleswar Prasad Gupta was having a Rolling Shutter factory, he had engaged the appellant-propounder, namely, Sri Pundev Sharma as a Mistry. It is projected that for the housing of the propounder, the testator had allowed him to construct a room on the roof of the second floor. Accordingly, a room measuring 65.5 Ft. X 30 Ft. was constructed by the propounder on the second floor of the building situated over a plot of land covered by Dag No.3020/3021 of P.P. No.1669 situated at Ward No.13, GNB Road, Tinsukia. In course of time, the testator died on 24.11.1995. It was projected that while cleaning the office room of the deceased testator on 12.01.2003, a Will was discovered inside an envelope and coming to know about the said Will, only on 12.1.2003, the propounder filed a probate petition before the court of the learned District Judge, Tinsukia, which was numbered as Misc. (P) Case No.14/2001 and on contest, the said probate case was converted to Title (P) Suit No.24/2003. The respondents No.2 to 5 herein had contested the probate case. The respondents No.2 & 4 had filed their joint written statement and the respondents No.3 & 5 had filed their separate written statement.;

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