Sunil Ambwani, J. - (1.) THE Testamentary Suit No. 5 of 1995 is filed by the Administrator General U.P. and Testamentary Suit No. 9 of 1998 by Shri Prabir Kumar Dutta, both for Letters of Administration of the estate and credits of Smt. Bimala Neogi D/o Late Dr. Brindaban Chandra Sur, resident of 410, Mumfordganj, Allahabad, died on 02.2.1994 at Allahabad.
(2.) IN Testamentary Suit No. 5 of 1995 filed by the Administrator General, U.P. it is alleged that Smt. Bimla Neogi, a widow died issueless leaving behind her brother Shri S.C. Sur and two nephews Shri Ratan Sur and Shri Asim Sur, residents of 48, P.K. Ganguly Road, Post Office, Bali, Howrah. Notices were issued to them. They have not contested the suit. Smt. Bimla Neogi (the deceased) executed a will on 29.4.1992, registered by Sub -Registrar, Chail, Allahabad on the same date, on commission, at her residence, and is witnessed by Mrs. Bulbul Dey and Deepa Dutt Roy, both of whom have died. She bequeathed her properties for charity and appointed Shri Shanker Singh Chaudhary as the executor and trustee in the will to set up an old age home in her house. The deceased Smt. Bimla Neogi was head of the department, Fine Arts, Allahabad University. Shri Shanker Singh Choudhery, a neighbour had retired as District Magistrate. Due to his advancing age and preoccupation Shri Shanker Singh Choudhery executed a letter of renunciation of executorship of the will under Section 230 of the Indian Succession Act, 1925 in favour of the Administrator General, U.P.
(3.) IN Testamentary Suit No. 9 of 1998 Shri Prabir Kumar Dutta, son of S.K. Dutta, a Physiotherapist attending Smt. Bimla Neogi after she suffered a stroke of paralysis claims that she had named him as a legatee in the will dated 17.11.1989. Shri Prabir Kumar Dutta, has set up another will dated 25.1.1993 attested by Smt. Bulbul Dey and Shri P.N. Chaterjee. Shri P.N. Chaterjee was examined on commission on 31.10.1999 by Shri P.K. Ganguly, Advocate vide his report (A -107).;