JUDGMENT :

K.R. MOHAPATRA, J.

1. The defendant No. 1 in O.S. No. 1 of 2005 has filed this appeal under Section 299 of the Indian Succession Act, 1925 (for short ‘the Act’) assailing the judgment dated 6.5.2008 passed by the learned Civil Judge (Senior Division), 1st Court, Cuttack allowing an application under Sections 276 and 278 of the Act and thereby granting probate of the Will dated 14.6.1985 executed by one Gunanidhi Das in favour of the plaintiff (respondent No. 1 herein).

2. The plaintiff filed an application under Sections 276 and 278 of the Act (O.S. No. 1 of 2005) stating, inter-alia, that her father, namely, Gunanidhi Dash, had four daughters and two sons. The genealogy of the family given hereunder particulars the relationship and status of the parties to this case.

GENEALOGY

3. By virtue of the RSD No. 2917 dated 11.6.1949, her father Gunanidhi Das purchased the case land appertaining to Sabik Khata No. 1261, Plot No. 2956 corresponding to Hal Settlement Khata No. 1268 Plot No. 1914 to an extent of Ac. 0.045 decimals situated at Sagadiasahi, Ranihat (Panasahi), Dist. Cuttack (for short ‘the case land’) from one Madan Mallik and others. At that point of time, said Gunanidhi