Jyotirmay Bhattacharya, J. - (1.) Admittedly the property in question belonged to two brothers viz. Girindra and Sachindra. Girindra subsequently sold his share and/or interest in the property to his brother Sachindra. Thus, Sachindra became the absolute owner of the said property. Sachindra died leaving a Will by bequeathing the said property in favour of his adopted daughter. After Sachindra died, the probate of the said Will was obtained by the executor appointed under the said Will. The validity of such probate was challenged by the respondent No.4 who is the son of Girindra upto the Hon'ble Supreme Court. Ultimately, the probate granted by the probate court was maintained upto the Hon'ble Supreme Court. An application for review filed by the appellant/respondent no.4 seeking review of the order of dismissal of the Special Leave Petition is awaiting consideration before the Hon'ble Supreme Court.
(2.) Be that as it may, at the instance of the Metro Railway authority, the property had to be vacated by the adopted daughter of Sachindra as the Metro Railway authority required the said premises vacated by the occupants thereof for enabling the Metro Railway to carry out its project. After completion of the project work at the site in question, the damage which was caused in the said building by the Metro Railway authority in the process of execution of the said project work at the concerned site, was repaired by the Metro Railway authority but somehow or other possession could not be returned to the legatee under the said Will left by Sachindra as the appellant/respondent no.4 being the son of Girindra came into possession of the said premises, after the project work was completed at the site.
(3.) Under such circumstances, the Metro Railway authority was directed by the learned Single Judge of this Court to proceed with the eviction proceeding against the appellant/respondent no.4 expeditiously in accordance with law; with a rider that it is expected that the Metro Railway authority will make over possession of the property to the legatee under the said Will of Sachindra within eight weeks from the date of communication of that order to them.;