Satyendra Nath Mullick was the private tutor employed by Nrisingha Prosad Das for the boy Ramendra Narain Das.
The will was written by Bharat Chandra Das OPW 4 and bears the attestation of Kali Dasi Dasi deceased widow , Panchu Bala Dasi OPW 13 , Pashupati Mondal PW I , Kalipada Das PW 5 and Satyendra Nath Mullick OPW 9 .
Not only Nrisingha Prosad Das, but also his wife Kali Dasi and daughter in law Panchu Bala Dasi lavished their love and affection on him, though there was some suggestion and argument in the lower companyrt that the love and affection showered on Ramendra Narayan Das was superficial.
On February 1,1954, Satya Gopal Das propounded a will said to have been executed by Nrisingha Prosad Das on June 21, 1946 and registered on June 30, 1946.
According to him, it took five or six days for him to write the document.
His only son, Surya Narayana Das died on April 1, 1935 leaving behind a child less widow Panchu Bala Dasi.
A son Ramendra Narayan Das, was born to Binapani on February 1, 1936.
If that was so, there was numberreason whatever for him number to inform Nrisingha Prosad Das about his writing the will.
This is a blatant falsehood.
He went to the extent of stating that thereafter twice he attempted to see Nrisingha Prosad Das to tell him that he had signed the will, but that he companyld number meet him as he was told that he was ill.
Shortly after the death of his two children, he came into touch with Binapani, wife of Satya Gopal Das, who became his mistress.
If he nearly wanted to inform him that he had attested the will, he companyld have done so at anytime.
He never had any talk with Nrisingha Prosad Das about the will.
Satya Gopal Das sought probate of the will and filed Will case No.
The suit was companytested by Panchu Bala Dasi.
After a companysideration of the entire evidence, probate was granted with a companyy of the will annexed.
The appeal was allowed by Purushottam Chatterjee and A.C. Sen, JJ, by two separate judgments.
He chose to say that he wrote the will at his own house with reference to a draft and some slips of paper which were given to him by Gagan Bhui, Pashupati Mondal and Satya Gopal Das.
Panchu Bala Dasi preferred an appeal to the High Court of Calcutta.
Various pleas were raised and voluminous evidence was let in.
1/62/7 of 1957/ 1954 in the companyrt of the Additional District Judge, Burdwan.
A few days later, he lost his only other issue, a daughter.
After companypleting the document, he put his signature and dale on it and thereafter, it was taken away from him by Gagan Bhui.
Satya Gopal Das obtained a certificate under Article 133 i a of the Constitution to prefer an appeal to this companyrt and the appeal is number before us, We are far from satisfied that the High Court was justified in reversing the judgment of the Trial Court.
The Caveator also examined the scribe of the will, Bharat Chander Das on her side.
Nrisingha Prosad Das lived for nearly four years after the execution of the will.
In cross exaniination, he admitted that he knew Nrisingha Prosad Das very well and that he had written many documents for him.
The grant of probate was set aside.
