P RAMACHANDRAN NAIR Vs. SUPARNA TAPAN DAS

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 280 of the Indian Succession Act and prayed for grant of probate of the last Will and testament of deceased Ajit Baran Pal, a Hindu, resident of Bombay, who died on 5-12-1994, leaving behind him a married daughter by name Suparna (defendant) and a son by name Alok. According to the petitioner, the deceased had made his last Will on 26-11-1994 and appointed him as the sole executor. The deceased owned three tailoring shops on ownership basis and one shop on tenancy basis, all situated in Kamal Kunj Co-operative Housing Society building at Bandra, a residential flat and bank accounts as described in schedule 1 annexed to the petition. Under the Will the deceased purports to have bequeathed all his estate to his son Alok only.

(2.) THE defendant filed her caveat opposing grant of probate to the petitioner. In view of the objection, the petition was converted into a suit. In the affidavit filed in support of the caveat it was pointed out that the deceased has been survived by herself and her brother Alok. She has further stated that the deceased was carrying on a tailoring business in his three shops as sole proprietor thereof. Sometime in April 1978, the deceased had taken his son Alok as a partner in his business "perfect Tailors" but the said partnership was terminated and/or the said Alok retired from the partnership from 27-4-1992, as his relations with the deceased were strained. The said Alok got married on 17-1-1993, with one Shalu Khanna but without approval of the deceased. It is further averred that even prior to this marriage, the relations between the deceased and Alok had become worst on account of the bad behaviour of Alok. It is alleged that, on several occasions Alok used to quarrel with the deceased and insult and abuse him. Ultimately on 8-9-1993, the behaviour of Alok became so unbearable that the deceased left his residential house and started staying with the defendant for about 2 and 1/2 months. According to the defendant, the decesaed had even lodged a police complaint through her against Alok.

(3.) IT is further averred that, during the said period the deceased was seriously ill with cirrhosis of liver and he used to vomit blood and also pass blood through his urine and stools. The defendant has alleged that taking undue advantage of the tailoring business of the deceased and his absence from the earlier business Alok took charge of the business. According to the defendant, during that illness of the deceased, it was she who used to look after him. It is further stated that on 16-10-1994, the deceased again started vomiting blood profusely and was required to be admitted in Shruit Nursing Home at Bandra (W ). On 18-10-1994 his condition became critical and he was admitted in Intensive Care Unit of Bhatia General Hospital, at Tardao, where Dr. Amit Maydeo was attending him. On the very day, the deceased underwent an operation called Endoscopy in Bhatia Hospital but he did not show any improvement despite of the treatment given to him. The deceased was, therefore, shifted to Holy Family Hospital at Bandra on 28-10-1994. According to the defendant, the deceased was in a state semi-coma, since he was admitted to Hospital. According to the doctors who were attending him, due to excessive loss of blood, it was not reaching his brain. The defendant has further averred that on 29-10-1994, the deceased suffered paralytic stroke due to which left side of his body was totally affected and become numb. He was therefore, taken to Bombay Scan Research Centre for scan and it was revealed that the deceased had developed a brain tumour in the right side of his brain. It was further realised that all efforts to help the deceased to recover were useless and he became a terminal case. The defendant has averred that the deceased was then in a terminal state of delirium and semi-coma. On 14-11-1994, the deceased was discharged from Holy Family Hospital and brought to his residence.