SHEW BUX MOHATO & ORS. vs AJIT NATH DUTTA

The Supreme Court held that Clause 4 of the will did not restrict the executrix's power to lease the property under Section 90(1) of the Probate and Administration Act, 1881. The court emphasized that clear language is required to impose such restrictions, and the principle of expressum facit cessare tacitum was not applicable in this case. The appeal was allowed, affirming the executrix's authority to deal with the immovable properties as necessary for administration.