PARIMAL RAI CHOWDHURY Vs. SADHAN ROY CHOWDHURY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated July 28, 2005 passed by the Learned Additional District Judge, Fast Track Court ­ VI at Alipore in Original Suit No.8/2005.

(2.) THE plaintiff being the respondent no.1 herein preferred an application for grant of probate in respect of the last Will and testament of the testatrix namely, Amiyabala Roy Chowdhury, executed on 14th September, 1979. It had been inter alia contended by the respondent no.1 herein that the testatrix bequeathed her properties by the testament dated 14th September, 1979 in favour of her two sons namely, Parimal Rai Chowdhury @ Sadhan Chowdhury being the respondent no.1 herein and Sri Arun Kumar Roy Chowdhury being the respondent no.2 herein after appointing them, as executors to her last Will and testament. It had been further contended that the respondent no.1 herein is the second son and the respondent no.2 herein is the youngest son of the testatrix and that the appellant nos. 1 and 2 are the other two sons of the testatrix who had not been given any share in the property left by their mother. It had been further contended by the respondent no.1 herein that her mother was physically fit and mentally alert and was in a disposing state of mind, at the time of execution of the Will and that she executed the Will after exercising her own volition, having fully understood the contents of the Will in question and that accordingly the respondent no.1 herein prayed for grant of probate.

(3.) THAT the plaintiff deposed as PW1 and one of the attesting witnesses, namely, Sri Anilendra Nath Roy Chowdhury deposed as PW2.