( 1 ) THESE two appeals are against the common judgment and order No. 114 dated Oct. 9, 1969 passed by the Subordinate Judge, 6th Court, Alipore passed in Misc. Case No. 55 of 1967 and Misc. Case No. 5 of 1968 arising out of Title Execution Case No. 13 of 1967 under Section 47 of the Civil P. C.

( 2 ) THE salient facts of the cases are one Raja Promoda Nath Roy of Dighapatia who was possessed of considerable immovable properties in the various districts of undivided province of Bengal executed a will on February 13, 1926 whereby he appointed his eldest son Prativa Nath Roy as one of the co-executors along with other executors. The said Raja died leaving behind him his widow Rani Girija Kumari and 6 sons and three daughters. The entire estate of the testator was divided into three divisions 'ka' which has been described as main estate was given to the eldest son Kumar Prativa Nath Roy, and 'kha' estate was given to all the sons of the testator excluding the eldest son Kumar Prativa Nath Roy. Under Clause 19 of the said will the testator created 5 legacies of Rs. 2,35,000/- each, that is, Rs. 85,000/-for construction of the house and Rupees 1,50,000/- on account of mi