ANIL K. SEN, J. :- This is an appeal from an original decree. The plaintiff in a suit for declaration that she is the ultimate beneficiary in respect of the suit property and for an injunction restraining the defendant from alienating or encumbering the said property, is the appellant in this appeal. The suit was dismissed by the learned Judge, 4th Bench, City Civil Court at Calcutta and the decree of dismissal dated February 28, 1974, in Title Suit No. 707 of 1972 is the subject-matter of challenge in this appeal. The suit property is the undivided 1/3rd share in premises No. 23, Ram Mohan Saha Lane, P.S. Burtolla, Calcutta. That premises is the dwelling house of the co-sharer owners.

2. Certain facts are not in dispute and those may be set out briefly as follows :-

The suit property that is the 1/3rd share in the aforesaid dwelling house was inherited in equal shares by two brothers Baidya Nath and Asutosh. In or about the year 1920 Baidya Nath died very young leaving behind the defendant Kalidasi Dassi as a child widow. By the Will executed by Baidya Nath, he bequeathed all his properties including his 1/6th share in the aforesaid dwelling house in favour of his brother