Mumbai Court April 1949 Judgments

Aniruddha Mitra Vs. Administrator General Bengal

Court: Mumbai

Reported in: (1949)51BOMLR971

Madhavan Nair, J.1. This is an appeal from a judgment and decree of the High Court at Calcutta in its appellate jurisdiction dated April 5, 1946, which affirmed a judgment and decree of that Court in its original jurisdiction dated March 28, 1945.2. The appeal arises out of a suit by way of originating summons instituted by the appellant for the construction of the will of his father the late Rai Bihari Lal Mitra.3. The facts are not in dispute. The testator was a wealthy Hindu governed by the-Dayabhaga School of Hindu law. He died on February 7, 1933, leaving him surviving his widow Sreemutty Nayani Mitra, his only son the appellant Aniruddha Mitra, and the wife of the appellant, Sreemutty Nivanani Mitra.4. At the time of the testator's death the appellant and his wife had no children. On July 4, 1934, the appellant took respondent No. 2 Aiabinda Mitra in adoption as his son. He was born on October 19, 1932.5. On July 5, 1931, the testator executed his last will whereby he appointed r...