Jyotirmay Bhattacharya, J. - (1.) This second appeal is directed against the judgment and decree dated 31st March, 1997 passed by the learned Assistant District Judge, Sealdah in Title Appeal No. 114 of 1994 reversing the judgment and decree dated 30th June, 1994 passed by the learned Munsif, 2nd Court at Sealdah in Title Suit No. 29 of 1984.
(2.) The appellant who was the only surviving executor of the Will left by Adhar Kumar Mitra since deceased filed a suit for eviction against the defendant/respondent who is in illegal occupation of the suit premises as a trespasser thereof.
(3.) The plaint case is as follows : Adhar Kumar Mitra, the father-in-law of Pratibhabala Mitra died intestate leaving a Will by which direction was given for payment of Rs. 25/- per month out of the income of two of his properties known as 5/2E and 5/2F to Pratibhabala Mitra, the widow of his predeceased son. A charge was created upon those two properties, as security for payment of the said monthly payment to Pratibha under the said Will. Even right of residence was not given to Pratibha in any of the properties left by Adhar under the said Will. The said Will was duly probated after the death of Adhar. ;