JUDGMENT

1. Leave granted.

2. Interpretation of a Will executed by one Hillol Kanti Guha is in question in this appeal which arises out of a judgment and order dated 13.11.2006 passed by a Division Bench of the Calcutta High Court in First Appeal No. 155 of 2002 affirming a judgment and order dated 24.5.2001 passed by Civil Judge Senior Division, Alipore in Title Suit No. 57 of 2000.

3. The properties in suit belonged to the testator. The parties hereto are a brother, sister and the heirs and legal representatives of the testator. A suit for partition was filed by Meena, the sister of the testator for declaration of title in respect of 50% of the property in question and for partition. The right, title and interest of the parties to the suit indisputably arise for the Will in question. The said Will was executed by Hillol Kanti Guha on 3.4.1985. Hillol Kanti Guha was a bachelor. He had two brothers; Shyamal Kanti Guha and Ujjal Kanti Guha and one sister Smt. Meena Bose, the original plaintiff. He was owner of a dwelling house No. 5/1A, Moore Avenue, Calcutta-40. He had also a bank account as well as shares in the Company. Shyamal Kanti Guha died during the pendency of the appeal in