JUDGMENT

Siddhartha Roy Chowdhury, J.—This second appeal challenges the judgement passed by learned Additional District Judge, 16th Court, Alipore, South 24 Parganas in Title Appeal No. 117 of 2012 thereby affirming the judgement and decree passed by learned Civil Judge (Senior Division) 9th Court, Alipore in Title Suit No. 66 of 2011.

2. For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

3. Briefly stated, the plaintiff filed a suit for partition in respect of suit property stating, inter alia, that Bibhuti Bhusan Bose, the original owner of the property in suit is the grandfather of the parties to the proceeding. During his lifetime Bibhuti Bhusan Bose executed a Will on 19th June, 1957 by which he bequeathed his property to his wife Uma Rani Bose with further direction that if Uma Rani Bose during her lifetime kept the property with her, after the demise of Uma Rani 50% of the property would go to the plaintiff and remaining 50% of the property would go to Bimal Kanti Bose and Niva Rani Bose who are the son and daughter-inlaw of Bibhuti Bhusan Bose.

4. The said Will of Bibhuti Bhusan was probated by competent Court of