P.K. Musahary, J.

1. Heard Mr. H.P. Barman, learned Counsel for the Appellant. Also heard Mr. T.J. Mahanta, learned Counsel for the Respondents.

2. The brief facts material for the purpose of disposal of this appeal, are that the Appellant's father, during his lifetime, bequeathed his properties in favour of the present Appellant by executing a registered Will on 23.01.1967. The deceased Bejia Bora had 4 daughters. He had no son. The present Appellant is the 3rd daughter. The Will was scribed by one Khetekeswar Das (since deceased) in presence of attesting witnesses, namely, Bhekula Pathak (since deceased) and Kanthiram Neog. The testator bequeathed his whole properties including landed properties to the Appellant in total exclusion of 1st and 2nd daughters who were given into marriage during his lifetime. The 4th daughter i.e. youngest one, who was minor at that time, was living with the Appellant. In the Will in question, a condition was made that the present Appellant shall give her youngest sister (daughter of testator), namely, Smt. Kiron Bora in marriage and give her dowry and streedhan failing which 1/4th of their father's properties would be received by Kiron Bora. Th