Vishnudeo Narayan, J.

1. This appeal at the instance of the appellant has been directed against the impugned judgment and decree dated 3.6.1993 and 5.7.1993 respectively passed in Miscellaneous Judicial Case No. 1 of 1987 "arising out of Title Suit No. 3 of 1985 in connection with Probate Case No. 2 of 1985" passed by Shri A.C. Das, District and Sessions Judge, Deoghar whereby and whereunder the Probate granted vide order dated 9.1.1987 of the Will dated 15.3.1976 executed by Sudhir Chandra Chatterjee deceased (hereinafter referred to as the testator) in favour of appellant in Title Suit No. 3 of 1985 was revoked.

2. The said Miscellaneous Judicial Case No. 1 of 1987 was filed on 24.1.1987 by the petitioner-respondent Shib Brat Chatterjee for the revocation of the Probate granted on 9.1.1987 by the District Judge, Deoghar in favour of the appellant on the basis of the alleged Will dated 15.3.1976 purported to have been executed by the testator in his favour.

3. The case of the petitioner-respondent First Party, in brief, is that the testator who was a Hindu governed by Dayabhag School of Hindu Law died on 22.6.1977 at Chitranjan Hospital, Park Circus, Calcutta and he had executed his last Will in the Bengali language on 23.4.1977 in favour of his nephew the petitioner-respondent Shib Brat Chatterjee and duly attested by Dr. Malay Kumar Dutta, resident of 225/A, Vivekanand Road, Calcutta and Dilip Kumar Dey, resident of 22, Narikel Danga, North Road, Calcutta whereby the testator had bequeathed his entire moveable and immoveable property in favour of the petitioner-respondent aforesaid and he also appointed him the executor of the said Will. The said testator was issueless and he had reared a female child named, Roma Chatterjee and earlier he had executed a registered Will dated 30.12.1972 in favour of Roma Chatterjee aforesaid in respect of his estate but in his last Will dated 23.4.1977 in favour of the petitioner-respondent aforesaid he had cancelled his earlier registered Will dated 30.12.1972 in favour of Roam Chatterjee. The Will executed by the testator in favour of the petitioner-respondent aforesaid includes the land bearing holding No. 291 New/126 Old, Ward No. 15, Jamabandi No. 1080 known as Drakshakunj situate in Kalirak-ha, Joshagiri in the town of Deoghar, District Deoghar. It Is further alleged that the testator was in service at Calcutta and his permanent abode was 356/3, now 307 Rabindra Sorini, P.S. Jora Bagan, Calcutta - 6 and he had died at Calcutta. The further case of the petitioner-respondent is that respondent- appellant Pradeep Kumar Chatterjee (hereinafter referred to as the appellant) was a tenant of the testator in the said house at Deoghar. It is alleged that the petitioner-respondent filed Probate case No. 71 of 1978 before the Honble High Court at Calcutta under its testamentary Jurisdiction, Probate to the executor for the Probate regarding the Will dated 23.4.1977 in his favour duly executed by the testator and Probate was granted in his favour by the Honble High Court, Calcutta on 12.12.1986 on contest by Roma Chatterjee. It is alleged that after the grant of the Probate of the last Will and testament of the testator in his favour by the Honble High Court, Calcutta he came to Deoghar on 12.1.1987 for realization of the rent of the said Deoghar house and also for taking steps for mutation of his name in respect thereof where he learnt that the appellant had obtained a Probate of a Will of the said Deoghar property in his favour on the basis of a forged and fabricated Will dated 15.3.1976 purported to have been executed by the testator in his favour and, thereafter, he inspected the record of the said case on 13.1.1987 and came to know about the said forged and fabricated Will dated 15.3-1976 and the order of the Probate has been obtained by suppressing the material facts and not citing and making the relatives of the testator as a party in the said Probate proceeding. It is also alleged tha