The plaintiffs case was that Renendra died unmarried on November 16, 1952, leaving the alleged will Exhibit 1 executed on November 8, 1952.
2 had been appointed executors of the will.
But he dismissed the suit and refused to grant probate of the will on the ground that there were certain doubts and suspicions about the companydition of the testators mind on 8.11.1952.
From the judgment and decree dated the 24th December, 1969 of the Calcutta High Court in appeal from Original Decree No.
By the will Ranendra bequeathed one half of his properties to his nephew, Bhabesh, who was the son of his younger brother, Phanindra, who had pre deceased him, and the remaining half to his younger brother Manindra for life, and after his Manindras death to Bhabesh absolutely.
The judgment and decree of the High Court has been challenged by the appellants before us.
Manindra and Jogendra plaintiff No.
843 of 1966 Probate S. Ray and S. Ghosh for the Appellant.
1191 The plaintiffs filed an appeal before the high Court.
During the pendency of the suit, Jitendra died and his heirs who were substituted, companytested the suit.
Manindra.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The material facts may be briefly stated as follows.
The trial companyrt found that the signatures of the testator and the attesting witnesses on the will were genuine, and that the provisions of the will was neither unfair number unnatural.
The companytentions of the defendants were that Ranendra on November 8, 1952, was number in a physical or mental companydition to execute a will he was in a semiconscious state of mind and had number the testamentary capacity to execute the alleged will.
They alleged that the will was brought into existence at the instance, and under the influence of, the propounder Manindra that the signatures of Ranendra on the will were number genuine and that must have been obtained on blank papers by Manindra who was looking after the properties of Ranendra as well as all litigations in which Ranendra was involved.
Ranendra left behind him three brothers Jitendra, aforesaid, Gopendra and plaintiff No.
One Manindra Chandra Bose original respondent No.
1 since deceased and Jogendra Nath Mitra respondent No.
1190 The Judgment of the Court was delivered by BAHARUL ISLAM, J, This appeal by certificate granted by the Calcutta High Court under Article 133 1 b of the Constitution is from a decree dated December 24, 1969 and arises out of a probate suit.
S. Desai D.N. Mukherjee and N.R. Choudhary for the Respondents.
2 before us filed an application before the Subordinate Judge, Alipore, for probate of a will alleged to have been executed by one Ranendra Chandra Bose on November 8, 1952, Jitendra Chandra bose, a brother of the testator entered caveat and filed a written statement and companytested the application for probate.
1872 of 1970.
