Gaudiya Mission vs Shobha Bose & Anr

3. Brief facts of the case are that one Narendra Nath Bose, resident of Allahabad and working as Lecturer, Government Girls Inter College, Gonda (U.P.) was having his family consisting of his wife Radha Rani Bose and three daughters, (i) Asha Bose, (ii) Uma Bose and (iii) Shobha Bose (respondent herein). All the three sisters (daughters of deceased Narendra Nath) decided not to marry. Kum. Asha Bose died on June 9, 1990.

4. Kum. Uma Bose was serving as a Lecturer in Government Girls College, Gonda, U.P. and was a disciple of Gaudia Mission (hereinafter referred to as the Mission) a Society, registered under the Societies Registration Act, 1860 (appellant herein). She was closely associated with the activities of the Mission and also got printed various religious books and literature for the Mission by spending considerable amount. It is the case of the appellant that after her retirement from the College, she was living in Vrindaban and not with her sister Kum. Shobha Bose-respondent at Allahabad. She continued to take interest in the activities of the Mission. Because of her attachment and dedication towards work of the Mission, she executed a Will on December 28, 1994 bequeathing her properties in favour of the Mission. The Will was duly registered. On September 09, 1996, said Kum. Uma Bose executed a Codicil in favour of the appellant Mission in relation to certain further sums and movable properties which had come to her share and also her share in immovable properties at Vrindaban. The Codicil was also registered on September 19, 1996. On November 18, 1996, Kum. Uma Bose died in Vrindaban.

5. According to the appellant Mission, Kum. Shobha Bose-respondent No.1 herein-real sister of late Uma Bose, never kept any relation with her and never looked after her and continued to stay at Allahabad only. It is the case of the appellant that in 1997, respondent No. 1 Kum. Shobha Bose applied for a Letter of Administration to the estate of deceased Kum. Uma Bose concealing real facts of Will and Codicil in favour of appellant- Mission. The Letter of Administration was granted to her on September 26, 1997 but on application at the instance of the appellant Mission, the certificate was cancelled. The appellant-Mission applied for Probate for the Will executed by deceased Kum. Uma Bose by filing Probate Case No. 174 of 1997 before the Division Bench of Allahabad High Court. The application was, however, withdrawn by the appellant with liberty to file fresh proceedings. Respondent No. 1-Kum. Shobha Bose filed Testamentary Suit for the estate of deceased Kum. Uma Bose. The appellant-Mission filed its objections to the said suit and claimed that it was the appellant who was entitled to the property of deceased Uma Bose and Kum. Shobha Bose had no right, title or interest in the estate of late Kum. Uma Bose. Issues were framed by the Court and witnesses were examined. Respondent No.1-Kum. Shobha Bose produced a sale deed said to have been executed by Kum. Uma Bose long back and contended that signature on the sale deed and that in the Will did not tally. The appellant-Mission applied to the High Court that the signatures be examined by hand-writing expert. But the prayer was not granted by the Court.

19. On overall considerations, in our judgment, the appeal deserves to be allowed by setting aside the order passed by the Division Bench and by ordering admission of appeal remitting it to the Division Bench of the High Court to be decided in accordance with law after recording reasons.

20. For the foregoing reasons, the appeal is allowed. The order passed by the Division Bench in Gaudiya Mission v. Km. Shobha Bose & Anr. is set aside. The appeal will stand admitted. The Division Bench will now hear the parties on merits and decide the case in accordance with law by a reasoned judgment. On the facts and in the circumstances of the case, however, there shall be no order as to costs.

21. Before parting with the matter, we may clarify that we have not expressed any opinion on merits of the matter one way or the other. All the observations made by us hereinabove have been made only for the purpose of deciding the present appeal and as and when the matter will be placed for hearing before the Division Bench, the same will be decided strictly on its own merits without being influenced by the above observations.

22. The appeal is accordingly allowed.