1. This appeal under Section 299 of the Indian Succession Act is directed against the judgment and order dated 16.08.2003 passed by the Addl. District Judge No. 3, Kamrup in PTS No. 1/1987 granting probate in favour of the principal respondent/plaintiff.

2. Brief facts of the case are that one Late Rukmini Devi executed a WILL in favour of the respondent, who is the grandson (son of the eldest son) of the testatrix Rukmini Devi, bequeathing the properties mentioned in the WILL. The respondent filed a petition for grant of probate in respect of the said WILL. One Chautmal Jalan (since deceased) predecessor of the appellants, raised objection against granting of probate, alleging that the WILL in question was not executed by Rukmini Devi and the same was also not duly attested as required by law and that the WILL was a fraudulent one as Rukmini Devi was seriously ill and was not physically and mentally fit to execute the WILL. Further contention of the objector was that the property bequeathed did not belong to the testatrix. Contention being raised, the probate case was registered as Title Suit and proceeded accordingly. On death of Chautmal Jalan, his legal heirs