SARAMA BANERJEE Vs. SHYAMAL KUMAR

JUDGEMENT

(1.) Earlier to the filing of the present case, Test Case No.2 of 1986 was filed by the applicant Smt. Sarama Banerjee, which was converted into Test Suit No.1 of 1988. However, the said suit was withdrawn as not pressed vide order dated 7.10.1994 passed by this Court in the said suit. Thereafter, again on 27.4.1995 Test case No.3 of 1995 was filed by Smt. Sarama Banerjee under section 278 of the Indian Succession Act for grant of letter of administration of the Will executed by Late Smt. Purnima Banerjee, which was later on converted into Test Suit.

(2.) It is stated that a Will was executed by Smt. Purnima Banerjee on 15.8.1981 in respect of the property left by her husband Late Justice Kali Kumar Banerjee, a retired Judge of Patna High Court, in favour of his nephew Prabir Kumar Banerjee. It is stated in the application that Prabir Kumar Banerjee died on 7.3.1984 without taking letter of administration in respect of the Will. Thereafter, widow of Late Prabir Kumar Banerjee filed the present suit for grant of letter of administration in her favour with respect to the property under the Will. It is stated that the Testatrix was permanently residing at Sinha Library Road, Patna, within the jurisdiction of this Court. It is also stated that the Testatrix died issueless.

(3.) Names of the heirs of deceased Testatrix and also her husband Late Justice Kali Kumar Banerjee are mentioned in paragraphs 10 and 11 of the application as Near Relatives. They are Shyamal Kumar Banerjee, Mrs. Rita Roy, Alok Nath Chatterjee, Namita Gopal, Smt. Lalita Bose, Sachi Prasad Mukherjee and Smt. Anjali Koari. Valuation of the property under the Will has been given in the application as Rs.2,05,000/-, vide Schedule-A. An amount of Rs.56,244.06 has been shown as funeral expenses and other debts, vide Schedule-B.