BIJOYABALA SADHU Vs. SANAT KUMAR SADHU

JUDGEMENT

(1.) Bibhuti Bhusan Sadhu, a resident of the village Makdumnagar, died on 21.6.69, corresponding to the Ashar 1376, B.S. The petitioner-propounder is the wife of Bibhuti Bhusan Sadhu. The O.P. No. 1 is the son of late Bibhuti Bhusan and the OPs. Nos. 2 and 3 are the two daughters of the same person. The propounder/petitioner filed a obtaining Probate on the ground that Bibhuti Babu, before his death, executed a Will on 11.6.69, corresponding to the 28th Jaistha 1376 B.S., whereby the petitioner was appointed an executed of the Will. It was contended that the said Will was executed by Bibhuti Bhusan while he had testamentary capacity. On these grounds, the petitioner made application for Probate. Of the opposite parties, only the O.P./Defendant No. 3, a daughter of Bibhuti Babu, contested. Her case was that Bibhuti Babu was ailing for long and that ailment had impaired his mental faculties. It was also mentioned that Bibhuti Babu never knew about the Will or its contents. The said Will, it was urged, was brought into existence long after the death of Bibhuti Babu. In short, the Caveat actor contended that the Will propounded by the petitioner was a rank act of forgery.

(2.) The learned 2nd Additional District Judge, Birbhum, who heard the matters, ultimately after it became contentious, dismissed the suit. His conclusion was that Bibhuti Babu had no physical and mental capacity to execute any Will. He further found that the Will in question was a forged document.

(3.) The petitioner has preferred this appeal against that Judgment and decree of the learned Court below.