JUDGMENT :

SANJAY KAROL, J.

1. Leave Granted.

2. Smt. Gouriprova Sen, inherited the properties of her husband Mr. Amulya Chandra Sen, by virtue of being his sole legal heir. Certain portion of these properties stood gifted to the appellant by a deed.¹ [bearing no. 4905 of 1978 dated 15th august 1978] Her Will was dated 9th July 1989 whereby the appellant, her nephew was made the sole executor and beneficiary. She died shortly thereafter on 8th October 1989. The transfer of properties in his name by virtue of this will is the genesis of the present dispute.

3. The appellant’s application for probate of the said Will² [PLA No. 238 of 1995] was granted vide order dated 28th September 1995. Further proceedings³ [O.A. No. 1417 of 2012] for necessary changes in the Revenue Record were initiated somewhere in 2010-11. As per the appellant, notices were served to the predecessor in interest of the respondent in these proceedings. As per the respondents, who are nephews-in-law of the testatrix and the only surviving members of the family of the testatrix’s husband, however, they found out somewhere in 2019 consequent to which they filed suit for declaration and injunction⁴ [Title Suit No. 60 of