(1.) THE appeal by certificate under Art 133 (1) (b) of the Constitution, is directed against a decree, dated 4/03/1966 of the High Court of Judicature at Calcutta, passed in Second Appeal No. 626 of 1959.
(2.) IT arises out of these facts: -
(3.) ON the same date. i.e. 9/04/1904 Indra Narayan Biswas executed a Will, bequeathing his movable and immovable properties to his relations. In the Will, he further provided that in case the Deed of Declaration of Trust fails. Abhinash Chandra Bhowmick, his sister's son, would get the properties included in the said Deed.