S.K. Datta, J. - (1.) This is an appeal by the Defendant No. 4 against the judgment decreeing the Plaintiffs Respondents' suit thereby allowing their application for grant to them of letters of administration with the copy of the will annexed in respect of the estate of one late Harimohan Ghosal.
(2.) The relevant facts according to the Plaintiffs are as follows: (a) Harimohan Ghosal was the owner of the premises No. 5, Saha Nagar Road, Tollygunge, Calcutta. He executed a will on December 3, 1927, which was registered on December 5, 1927, Ex.4. The will, was attested by several witnesses. By the said will, Harimohan who was childless bequeathed all his properties, movable and immovable, to his wife Durgamani who was also appointed the executrix to the will. On the same day, that is, December 3,1927, and prior to the execution of the will, Harimohan sold about 15 cottahs 9 chataks of land beings; portion of premises No. 18 Russa Road to Balaram Dolui and others for Rs. 3,117. The said deed was also registered or December 5, 1927. At the time of execution of the said sale deed Harimohan received Rs. 517 in cash and for the balance of Rs. 2,600 he took an instalment bond from the purchasers in favour of his wife Durgamani. The certified copy of the sale deed was marked Ex. 1 after the original was proved. (b) Harimohan died on March 19, 1928, leaving the said Durgamani as his only heir. Durgamani did not, however, take out the probate of the will of Harimohan. She executed a will on February 22, 1946. By the said will Durgamani gave the property in dispute to the Plaintiffs in this contentious suit out of which the present appeal arises. This will was duly probated on April 3, -1948, and the executors mentioned in the will duly administered the estate and rendered accounts. The probate with the copy of the will of Durgamani deceased is Ex. 6. (c) It may be mentioned here that the said Plaintiffs, hereinafter referred to as the applicants for grant, are the sons of a daughter of late Kali Mohan Ghosal who was the elder brother of late Harimohan. They filed an application for grant to them of letters of administration to the estate of late Harimohan Ghosal which being objected became contentious and was converted a suit.
(3.) The application for grant was really contested by the Defendant No. 4, the Appellant before us, who is the purchaser for consideration of the right, title and interest of Defendant No. 5, the alleged reversionary of late Harimohan in the property in dispute. The Appellant contended, inter alia, that the suit was barred by Sec. 213(1) of the Indian Succession, Act, 1926 (XXXIX of 1935), that the applicants had no Locus standi to' apply for grant of letters of administration and the will was not executed by the testator nor validly attested by the witnesses.;