- (1.) The Judgment of the Court was as follows: The petitioner is the original respondent who has filed this application for review of the judgment and order dated 4th March, 2011 passed by the Division Bench of this Court in G.A. No. 3725 of 2010, A.P.O.T. No. 657 of 2010, A.O.R.C. No.1 of 2010 and A.O.R.C. No.2 of 2010 (Banwarilal Jalan v. Pramod Kumar Jalan). The respondent has raised a preliminary issue as to the maintainability of the review application on the premise that a Special Leave Petition preferred against the order dated 4th March, 2011 was dismissed in limine by the Supreme Court and, therefore, it will not be permissible for this Court to entertain the review application. It was submitted on behalf of the respondent that the preliminary issue of maintainability of the petition be first decided before proceeding with the review petition.
(2.) This case pertains to the bequest relating to the tenancy right in respect of the north-west ground floor flat at premises No. 10, Lower Rawdon Street, Calcutta-700020, which the father of the executor held as a monthly tenant under a trust. The Will stipulated that such tenancy should go to a grandson of the testators through another son. The Probate of the joint and mutual Will was granted to the executor on September 06, 2007. Since then, administration of the estate is complete.
(3.) It is the case of the petitioner, legatee of the said flat, that the executor refused to give assent to the said legacy of the petitioner under section 332 of the Indian Succession Act and, therefore, the petitioner on or about May, 2009 filed a suit in the Alipore Court being Title Suit No. 1442 of 2009 against the respondent who was impleaded therein as defendant No. 1 in his capacity as the executor, as well as in his capacity as a trustee (impleaded therein as defendant No.4) for a declaration that he was entitled to the tenancy right in respect of the bequeathed flat and also for other consequential relief by way of injunction.;