SOUMEN SEN, J.

The right of a Muslim to make bequest to a stranger over and above third of the surplus of her estate is the subject-matter of challenge in this appeal arising out of a decree dated 16th December, 2005 passed by the Fifth Bench of the City Civil Court in a suit for partition filed by the respondent in this appeal.

2. The plaintiff in the suit is a legatee under a registered Will executed by one Hadiana Bibi by which bequest was made of the suit properties in favour of the plaintiffs and the defendant No.6.

3. By virtue of the said Will, the plaintiff No.1 became entitled to one-third and the plaintiff No.2 and the defendant No.6, one-sixth share each and one Shamsuddin Khan being the defendant No.6 became entitled to the remaining one-third share of the said two premises.

4. The Shamsuddin Khan was an attesting witness to the said Will. He was, in fact, collecting the rent undisputedly upto 1997 and thereafter it appears some disputes arose between the parties with regard to collection and distribution of rents. The plaintiff demanded their due share of the rent from Shamsuddin Khan by their letter dated 17th July, 2010.

5. The plaintiff alleges that althoug