JUDGMENT :

Soumen Sen, J.

1. The appeal is arising out of a judgment and decree dated 12th January, 2009, in a suit for declaration, recovery of Khas possession and mesne profits.

2. The appellants are the legal heirs of Bilash Behari Shaw @ Saha.

3. Briefly stated one Bonku Behari Shaw @ Saha was the common ancestor of the parties. Bonku Behari owned several properties both movable and immovable. During his life time Bonku Behari executed his last Will and testament on 25th November, 1925. Bonku Behari had two wives. His first wife Smt. Radha Rani predeceased Bonku Behari and before the execution of the Will. From the first wife Bonku had four daughters and one son. At the time of execution of the Will his son Bonobehari and two daughters Brojo Gopi and Nidhubala were alive.

4. Smt. Moharani Dasi was the second wife of Bonku Behari. From the second marriage Bonku had three sons namely, Bipin Behari, Pulin Behari and Bijoy Krishna and three daughters namely, Shayma Shakhi, Nanda Rani and Menaka Rani. At the time of execution of the Will Bonobehari, Bipin Behari and Pulin Behari were all major and Bijoy Krishna was minor.

5. The Will gives a list of immovable properties bequeathed in favo