Asit Kumar Bisi, J. - (1.) The instant appeal arises out of the judgment and decree passed by Shri T.B. Deb the learned Additional District Judge, 11th Court, Alipore on 30.9.86 in O. S. No. 11 of 1981. By the impugned judgment and decree the learned trial Judge decreed the suit and granted Letters of Administration in respect of the Will of late Rash Behari Banerjee.
(2.) Shri Phalguni Mukherjee the daughter's son of the deceased testator Rash Behari Banerjee filed an application for Letters of Administration. The testator Rash Behari Banerjee died on 21.5.69 leaving his wife Ishwari Debi and two daughters Reba and Rama. Ishwari Debi died subsequently on 27.1.73. As per the case of the plaintiff the said Rash Behari Banerjee prior to his death executed his last Will in respect of his properties on 23.7.68 and the same was registered on commission on 29.7.68. By the said Will Sri Shailendra Nath Banerjee and Meghnad Banerjee were appointed as the joint executors. As per the terms of the Will Sri Lal Mohan Mukherjee the father of the plaintiff was appointed as executor in place of Sri Shailendra Nath Banerjee who renounced to be the executor. The other executor Sri Meghnad Banerjee did not apply for probate. After being appointed as executor of the Will in place of Sri Shailendra Nath Banerjee, Lal Mohan Mukherjee who is the father of the present plaintiff applied for probate of the said Will. During pendency of the suit relating to probate of the said Will instituted by him the said Lal Mohan Mukherjee died on 6.5.79 and as such the probate proceeding became infructuous.
(3.) The plaintiff who is the son of the said Lal Mohan Mukherjee got almost all the properties covered by the said Will of Rash Behari Banerjee and filed the application for obtaining Letters of Administration of the said Will left by the deceased testator Rash Behari Banerjee.;