Judgement

VENKATARAMA AYYAR J. : This appeal arises out of an application filed by respondent 1 for probate of a will dated 28-11-1943 executed by one Bhabesh Charan Das Gupta. The testator died on 27-10-1944 leaving him surviving two sons, Paresh Charan Das (respondent 1), Naresh Charan Das (the appellant), and a daughter, Indira (the second respondent). The estate consisted of a sixth share in some ancestral lands at Matta in the District of Dacca, and a house No. 50, South End Park, Calcutta, built by the testator on a site purchased by him. By his will, he directed that a legacy of Rs. 10 per mensem should be paid to his younger son, the appellant, for the period of his life; that his daughter should be entitled to a life estate in five specified rooms in the house to be enjoyed either personally by her and the members of the family, or by leasing them to others; that a legacy of Rs. 10 per mensem should be paid to one or the other of two hospitals named, and that subject to the legacies aforesaid, respondent 1 should take the estate perform the sraddha, and pay one-sixth of the expenses for the worship of the diety installed in the ancestral house.

2. The first respondent who wa