JUDGMENT

M.M. DAS, J. : This appeal has been preferred under Section 299 of the Indian Succession Act, 1925 by the plaintiff - appellant in R.C.C. Case No.1 of 2009. The said case was filed for grant of letters of administration in respect of the will executed by one late Chittaranjan Mohanty in favour of the plaintiff - appellant Niranjan Prasad Mohanty and defendant-respondent No.4 - Nihar Ranjan Mohanty allegedly on 16.5.1976 in respect of the properties mentioned in the Schedule of property of the petition. By the judgment in the said R.C.C. Case No.1 of 2009 dated 18.11.2011, the learned Civil Judge (Sr. Division), Ist Court, Cuttack rejected the prayer of the plaintiff - appellant. Hence, this appeal.

2.In order to appreciate the contentions raised by the respective parties, it would be apt and proper to delenate the facts leading to the impugned judgment preferably in a tabular manner date-wise.

On 04.07.1973 the marriage between the respondent No.1 Sucheta Mohanty and the testator of the alleged Will late Chittaranjan Mohanty was solemnized. Between 27.6.1973 and 31.8.1975, out of their wedlock, two daughters were born. In the month of January, 1976, Chittaranjan suffered from