JUDGMENT :

Soumen Sen, J :

1. The appellant is the elder son of the testator. The appeal is arising out of a judgment dated 30th May, 2009 passed by the 5th Court, Addl. District Judge, Burdwan in a probate proceeding.

2. Briefly stated, Ashok Kumar Ta filed an application for grant of probate of a Will dated 4th July, 1983 executed by his father Gourpada Ta in respect of the property described in schedule A to the affidavit. Ashok is a named executor in the Will. Gourpada during his lifetime executed two wills. The first Will was executed on 3rd June, 1964. The said Will was revoked by the later Will dated 4th July, 1983. Ashok is claiming property of this Will.

3. The trial Court allowed the application for grant of probate. The trial Court was satisfied due execution and attestation of the Will by two attesting witnesses. The trial Court was of the view that the two attesting witnesses have proved due execution of the Will. There is no suspicious circumstances surrounding the execution of the Will. In this appeal the appellant has principally raised two issues with regard to the grant of probate in favour of his brother Ashok. The first ground is that the application for grant of pr