V.S. Sirpurkar, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the Division Bench Judgment of the Calcutta High Court wherein the appeal filed by respondent herein, namely, Bibhas Chandra Das was allowed holding that no probate could be granted in favour of the present appellant, namely, Samir Chandra Das.
(3.) Following factual panorama would clarify the controversy herein: One Jogesh Chandra Das was the testator. He expired on 13.01.1984 leaving his widow Parul Bala Das and four sons Samir Chandra Das, Subhash Chandra Das, Bibhas Chandra Das and Anjan Das. He had three daughters also, namely, Dipti, Jayanti and Sashwati. In his Will dated 14.08.1983, he named his widow Parul Bala Das and Samir Chandra Das as the executors. By this Will, however, Bibhas Chandra Das was not given any share. The house property at Harish Mukherjee Road was to go to his wife Parul Bala Das with life interest without any right to sell, mortgage etc., and after her death, to his three sons, namely, Samir Chandra Das, Subhash Chandra Das and Anjan Das. He had also desired that the right of residence would be available to his two unmarried daughters, namely, Jayanti and Sashwati. It was also mentioned in the Will that the testator had purchased a piece of land in the name of his wife and second daughter who was polio affected. This property was given to the widow for life and thereafter to the three sons of the testator excluding Bibhas Chandra Das on the condition that the three sons would bear the maintenance and marriage expenses of the two unmarried daughters for which the wife Parul Bala Das had specific authority to sell the land even during her life time to meet the expenses of maintenance and marriage of the two daughters, if the three sons did not bear the same. ;