SANKARI PRASAD DAS GHOSH, J.

( 1 ) THIS appeal is directed against the judgment and decree passed by the learned Additional District Judge, 9th Court, 24 Parganas, in O. S. No. 8 of 1979. The propounder, Sm. Chinmoyee Saha, is the appellant.

( 2 ) ONE Shiblal Saha was the owner of premises No. 1, Hazra Road, Calcutta-26 and premises No. 24, Basantalal Saha Road, Calcutta-53. There was a rice mill under the name and style of Satyanarayan Rice Mill at 24, Basantalal Saha Road. Sundari Saha was the wife of Shiblal. Shiblal adopted a son named Kishorilal Saha, who died on 8-2-1957. Kishori had two wives, Phulrani and Anima. Debendra, Rajendra, Narender and Manindra are the sons of Kishori by Phulrani. Jogmaya and Mahamaya are their two daughters. Shiblal died on 6-1-1964. Sundari died on 13-4-1970. Prior to her death, Sundari executed a Will dated 10-2-1970 under which Netai and Gour, the sons of Debendra, were made the legatees and Chinmoyee Saha, the wife of Debendra, was appointed as executrix. This Will was not registered. After the death of Sundari, Chinmoyee applied in the court of the District Delegate, Alipore on 5-4-1978 for obtaining probate of the Will. This application fo

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