( 1 ) THIS is a revisional application at the instance of the defendants in Title Suit No. 21/79 of the 8th Court of the learned Subordinate Judge at Alipore and directed against an order dated May 23, 1979, passed by the Learned Subordinate Judge allowing an application for amendment of the plaint. It will be necessary to refer to certain facts in the background to appreciate and decide the dispute now raised before us.

( 2 ) ADMITTEDLY, the suit, as aforesaid relates to premises No. 15, Mahesh Barik Land, P. S. Narkeldanga, District 24-Parganas (hereinafter referred to as the suit property ). This property again admittedly once belonged to Becharam Mukherjee, the father of the plaintiff and the defendant No. 1, Becharam died in 1933 leaving behind a will executed by him on October 27, 1927, bequeathing the uit property in favour of his wife Nagendra Bala, Probate in respect of the said will was obtained the executor in Probate Case No. 113/34. Nagendra Bala in her turn made a bequest in respect of the suit property in favour of the sons of Khagendra, the defendant No. 1 by a will executed by her on October 24, 1956. Nagendra Bala died in 1956 and Pro