PROBODH KUMAR DAS Vs. PRAFULLA KUMAR DAS

JUDGEMENT

(1.) The plaintiff is the alleged executor of the Will of one Kiron Sashi Dasi. He has alleged that on 15-5-1968 she executed a Will and appointed him executor. Then on 16-6-1968 she died childless at Gormi, P.S. Dum Dum. The beneficiaries of the Will are her brother's sons.

(2.) The defendants Nos. 5 and 6 contested the suit by filing a written statement. It has been alleged inter alia that she has no mental and physical capacity to execute the alleged Will. She was bedridden for more than six months before the execution of the alleged Will. She was under the supervision and care of the defendant Broja Bala Dasi. It was a forged and fabricated Will with a view to depriving her natural heirs.

(3.) The learned Additional District Judge rejected the plaintiff's contention and dismissed the suit by observing that the suspicious circumstances had not been removed. Hence this appeal by the executor.