1. THE short question involved in this Rule is whether an unprobated Will is admissible in evidence in a proceeding other than a probate proceeding. The opposite parties filed Title Suit No. 105 of 1982 in the 5th Court of the learned Munsif at Howrah for eviction of the petitioner treating him to be a licensee in respect of the suit premises. The case as made out by the opposite parties in the plaint inter alia, was that, both the parties were known to each other for quite long time. In or about the year 1978 the petitioner approached the opposite parties for giving him an accommodation in the suit premises as a licensee to which the opposite parties agreed and the petitioner was accommodated as a licensee in respect of the room in the suit premises. The said licensee, however, was revoked by a notice dated January 25, 1982, asking the petitioner to vacate the suit premises on the expiry of the month of March, 1982 but the petitioner did not vacate. The petitioner, contested the said suit by. filing his written statement denying and disputing the case of the opposite parties as made in the plaint and claimed inter alia, that he was a co-sharer in respect of the suit premis