1. G.A. No. 3499 of 2006 is an application for removal of the executor under section 301 of the Succession Act, 1925 with an alternative prayer for revocation of the grant of probate. The elder brother applicant does not press the alternative prayer for revocation of the grant. G.A.No.1121 of 2008 is by the same applicant complaining of illegal conduct of the executor's part in connection with the creation of a tenancy in respect of a flat belonging to the estate.

2. The Will was made in March 1987. The testator died in August, 2000. The executor applied for grant of probate in 2001 to which the elder brother applicant consented. Probate was granted on August 29, 2002. The assets forming part of the estate include five immovable properties. The principal immovable property is the land and building at 7A, Shyamananda Road, Kolkata-700025. It is the admitted position that this property is a four-storied building including the ground floor and is made up of what is described as the front portion and another described as the rear portion, the two being separated by the staircase running down the middle. There are three other properties mentioned in the affidavit of assets of w