Ganguly, J. : This first appeal has been filed challenging the judgment and decree dated 28th June, 1991 delivered by Additional District Judge, Second Court, Alipore in O.S. No.1 of 1988.

2. The material facts of this case are as follows.

3. One Srimati Khanta Bala Dutta, wife of late Bhawani Prasad Dutta, aunt of the appellant died on 17th April, 1971 at 16, Chandra Mondal Lane, P.S. Tollygunge, Calcutta - 26. Khanta Bala [hereinafter referred to as the testatrix] was a widow and had no issue at the time of her death.

4. The dispute is over the grant of probate of a will, which the testatrix is said to have executed on 24th May, 1950. The said will was registered on 26th July, 1950. Under the will the testatrix bequeathed her entire property in favour of the defendant/opposite party No.1, Sri Paresh Chandra Dutta. On or about 12th May, 1987 the defendant/opposite party Paresh Chandra Dutta, the propounder filed an application for probate.

5. Certain admitted facts may be noted. The testatrix, at the time of her death, left behind three persons who claimed themselves as her heirs and legal representatives. They are (1) Paresh Chandra Dutta, the brother's son of the testatrix a