JUDGMENT

Uday Umesh Lalit, J.

1. This appeal challenges the correctness of the judgment and order dated 4th February, 2005 passed by the Division Bench of the High Court at Calcutta in Original Side Appeal No. 60 of 1984.

2. One Nandlal Das, husband of Shyama Sundari Dassi and father of two sons Kanailal Das and Pasupati Nath Das executed a Will on 12th April, 1963 in respect of properties owned and possessed by him. Schedule to the Will comprised of three parts. Properties mentioned in Part I and Part II of the Schedule were given to the family deity Sri Jugal Kishore Jew known as Sri Shyamaji at Tarapith temple of which deity the Testator was the shebait.

Thus, properties mentioned in Parts I & II were to be Trust properties while properties mentioned in Part III were to be devised in accordance with the Will. Said Parts I, II and III of the Schedule to the Will were as under:

“ Part-I

1. Garden house and land at Behalf known as “Nafar Kanan” being Holding No.19, Nafar Chandra Das Road, Behalf in the district of 24-Parganas together with Tank trees, structures etc.

2. All that two storied premises No.10/1/3 Jagannath Sarkar Lane, Kidderpore in the district of 24-Parganas, on par