Mungeshwar Sahoo, J.

1. This First Appeal has been filed by the Defendants-Appellants against the Judgment and decree dated, 8th November, 1979 passed by Sri V.N. Mehrotra, the learned Second Addl. District Judge, Chapra in Probate Case No. 12 of 1969/8 of 1974 decreeing the Plaintiff suit. The Plaintiff-Respondent, Sukhdev Roy filed the application for the grant of probate or letters of administration with respect to the registered will dated, 12th September, 1941 executed by Ram Subhag Roy which was registered as probate case as aforesaid.

2. According to the Plaintiff-Respondent, Ram Subhag Roy executed the registered will dated, 12th September, 1941 which was duly attested and registered. Ram Subhag Roy was illiterate and hardly he could write anything without dictation. On the ground of old age his hands were trembling so he only put his left thumb impression on the will and on his instruction, Rajgrih Singh signed for him on the will. In the registered will, it was stipulated that during the life time of his wife, Gulabo Kuwar, she will remain in possession of the entire property and on her death, it would devolve on the Petitioner, Sukhdeo Roy. The said Ram Subhag R