( 1 ) -THIS Appeal is directed against a Judgment dated 13th May, 1998 passed by the learned single Judge of this Court whereby the application for grant of Probate of a Will filed by the Appellant was dismissed. Brief facts leading to the filing of the appeal are that one Nirmal Nalini Dassi who had been residing at No. 35a, Dr. Rajendra Road, Calcutta-20 made a Will on 11th November, 1983 and a Deed of Codicil. The said Nirmal Nalini Dassi bequeathed all her immovable property to Dwijendra Kumar Basu and Dipundra Kumar Basu in equal shares and declared that they both will become the owners of all her property in absolute right. Nirmal Nalini Dassi claimed to be the sole owner of the immovable property being House at No. 35/c, Dr. Rajendra Road, Calcutta. This property is at the centre of controversy between the parties. After the death of Nirmal Nalini Dassi on or about 28th May 1986, Dinendra Kumar Bose claiming to be the sole executor under the aforesaid Will dated 11th November, 1983 filed an application for taking out probate in respect of the said Will. In this proceedings the Respondents filed Caveat supported by the Affidavit of Tapan Kumar Bose in which i