BASANTA KUMAR GHOSH Vs. BIMAL KUMAR NAYAK

JUDGEMENT

(1.) THIS first appeal is at the instance of the defendant in a proceeding for grant of Probate and is directed against the judgment and decree dated 30th May, 2001 passed by the Additional District Judge, Kalna, district-Burdwan in O. S. (Will) Case No. 2 of 1999 thereby granting Probate in favour of the respondents.

(2.) BEING dissatisfied, the one of the defendants, the younger brother of the testator, has come up with the present appeal.

(3.) THE respondents before us, four in number, as executors, filed an application for grant of Probate of the alleged last Will and Testament of one anil Kumar Ghosh by which the testator bequeathed all his properties in favour of the members of a local club by making the respondents as executors. The present appellant, the brother of the testator, having opposed the grant, the matter became contentious and gave rise to O. S. (Will) Case No. 3 of 1995.