This appeal under Section 299 of the Indian Succession Act, 1925 read with Section 96 of the Code of Civil Procedure, 1908 is directed against judgment and order dated 15.03.2007 passed by learned Addl. District Judge(Court No.2), Agartala, West Tripura in case No.Misc.(Probate) 5 of 2003.

2. Heard learned senior counsel, Mr. S.M. Chakraborty for the appellant and learned counsel, Mr. D.R. Choudhury for respondent No.1. Other respondents did not participate in the hearing in spite of service of notice.

3. Respondent No.1 presented a petition under Section 276 of the Indian Succession Act, 1925 before the District Judge, West Tripura, Agartala praying for granting him probate in respect of the Will executed by his father, Biraj Mohan Saha on 13.10.1995 in respect of land measuring 3 ganda 6 dhur with a temple and residential building along with trees and other huts thereon. Biraj Mohan Saha died on 09.07.2000. The petitioner, Dhirendra Kumar Saha is the beneficiary of the Will and is the propounder for granting probate. In his application for probate he interaliacontended that it was the last Will executed by his father for the property mentioned in the schedule of the petit