ALOK KUMAR AICH Vs. ASOKE KUMAR AICH

JUDGEMENT

(1.) The learned Additional District Judge. 9th Court, Alipore by his judgment and decree complained of has rejected the caveat filed by the appellant and has directed that the probate be issued in favour of the respondent No. 1, Alok Kumar Aich, in respect of the alleged will of late Amarendra Chandra Aich, who died on 29th Dec. 1975. The appellant and the respondent No, 1 are respectively the eldest and the youngest sons of the deceased testator. Amarendra Chandra Aich, the respondent No. 2 is his widow and the respondents 3 and 4 are his daughters.

(2.) Mr. M.N. Ghosh, learned advocate on behalf of the appellant, has submitted that the respondent No. 1 who propounded the aforesaid will of deceased Amarendra Chandra Aich, could not and did not prove the due execution and attestation of the said will and also could not and did not explain the suspicious circumstances relating to the probatp in respect of the said alleged will of Amarendra and therefore he ought to be refused probate on the ground that by exercising undue influence upon the testator. Amarendra, Alok, the respondent No. 1, the propounder had procured the said will under which the propounder himself was the principal beneficiary.

(3.) Having given our anxious consideration to the matter, we find no substance in the above submissions made on behalf of the appellant and we hold that the learned Additional District Judge has rightly granted probate in respect of the said will whose execution and attestation were satisfactorily proved and that the appellant's case regarding undue influence cannot be accepted.