Allahabad Court January 1941 Judgments

Sarnath Sanyal Madhusudan Bagchi and ors. Through A.P. Bagchi Vs. Hris ...

Court: Allahabad

Reported in: AIR1944All120

ORDERAllsop, J.1. This is an application by five minors, three sons and two daughters, through their next friend against one Hrishikesh Sanyal. The main prayer is under Section 301, Succession Act, that Hrishikesh Sanyal should be removed and discharged from the office of executor of a will executed by the applicants' grandfather Sarnath Sanyal, in the year 1931. It is admitted that Hrishikesh Sanyal, has not taken out probate and letters of administration and an objection was raised that this Court had no jurisdiction to pass an order against him under Section 801, Succession Act. I have already decided by my order dated 13th December 1940 that the Court had jurisdiction. There are certain other questions, however, which have arisen with which I have now to deal. Among the issues were the following:(a) Are the minors entitled to the maintenance allowance of Rs. 50 per month as provided for in the last will of Sarnath Sanyal dated 13th September 1931? (b) Are the minors entitled to the...