D.N. Upadhyay, J.

This appeal has been directed against the judgment dated 20.08.2010, passed by learned 1st Addl. District Judge, Giridih in connection with Probate Case No.01 of 2004/Title Suit No.07 of 2004 whereby and whereunder the learned District Judge has been pleased to decree the suit in favour of the plaintiffs/respondents and the Will in question has been ordered to be probated.

2. Smt. Bandana Mitra and Dilip Kumar Mitra filed an application for grant of probate against a Will dated 03.06.1995 created by Asha Rani Mitra, wife of late Dhirendra Nath Mitra by which the testatrix had bequeathed the property owned and possessed by her within the district of Giridih, described in Schedule-A of the plaint in favour of Bandana Mitra whereas land and building situated at main road Belia Ghat, Kolkata, West Bengal, described in Schedule B of the plaint in favour of Dilip Kumar Mitra.

3. The facts, in brief, are that late Asha Rani Mitra widow of late Dhirendra Nath Mitra and her sisterinlaw (Gotini) Kiran Bala Mitra had acquired 03 bighas 11 kathas and 4 dhurs of land by standard measurement surrounded by compound wall consisting of Pukka house bearing holding no.186 (old)