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) 253 (new) ward no.1 (old), ward no.2 (new) of Giridih Municipility situated by the side of Giridih Bengaband road Barganda mouza Makatpur Thana No.95, Giridih town. In view of the final decree prepared in Partition Suit no.24 of 1978 Asha Rani Mitra was allotted 01 bigha 15 kathas and 12 dhurs in two blocks over portion of residential building and other structures, trees, gardens, wells etc. with separate boundaries, fully described in schedule-A of the petition to which she acquired and had been enjoying peaceful possession. Asha Rani Mitra also owned and possessed half share in an undivided land measuring 2.75 kathas of standard measurement with thatched roof by G.I. sheets consisting of bed rooms, kitchens, store rooms, bath roomlatrine and courtyard etc. bearing house no.45/H/14 Belia Ghat main road, Kolkata which is fully described in schedule B of the petition. Asha Rani Mitra was blessed with a son named Dilip Kumar Mitra who is married with Smt. Bandana Mitra (petitioner). Asha Rani Mitra was also having five daughters namely Chitra Mitra, Shipra Mitra, Dipti Mitra, Tripti Mitra and Shuvra Mitra (defendants).

4. Asha Rani Mitra executed her last Will on 03.06.1995 in her sound mind and health and bequeathed the property described in scheduled A in favour of petitioner no.1 and similarly schedule B property in favour of petitioner no.2. The Will was executed and signed by testatrix in presence of her two daughters namely Tripti Deb and Shipra Mitra and two more witnesses namely Ajay Kumar Dey and Rajesh Kumar Sinha. Asha Rani breathed her last on 26.05.1998 and the Will was presented for probate on 09.03.2004 for which Probate Case No.01 of 2004 was registered. In the said petition all the five daughters of late Asha Rani Mitra have been arrayed as defendants.

5. After service of notice the appellants and proforma respondent no.3, who were defendants in the Probate Case No.01 of 2004 appeared and filed their objection against grant of probate as a result the Probate Case No.01 of 2004 was converted as Title Suit No.07 of 2004. The defendant nos.1, 2 and 4 have filed their written statement on 11.06.2004 which was adopted by defendant nos.3 and 5 on 01.09.2004.

6. The defendants have denied the execution of Will and contended that Asha Rani Mitra had left no Will dated 03.06.1995 as alleged by the petitioners/respondents. As a matter of fact, signature of Asha Rani Mitra, Shipra Mitra and Tripti Dev were obtained on blank sheets by Dilip Kumar Mitra who was making pairvee in Title Partition Suit No.24 of 1978 and Title Suit No.16 of 1986. Shipra Mitra and Tripti Dev never signed any Will as attesting witnesses and the blank sheets, on which signatures of Asha Rani Mitra, Shipra Mitra and Tripti Dev were taken, have been converted in the shape of