SWAPAN KUMAR NANDAN Vs. RAM KISHORE DUBEY

JUDGEMENT

(1.) THIS probate appeal is at the instance of one of the caveators and is directed against judgment and decree dated 16th March, 1992 passed by the learned Additional District Judge, 6th court, Alipore in Original Suit No. 5 of 1985 thereby granting probate of the last Will and Testament of one Tara Sankar Nandan executed on 6th february, 1978 and subsequently registered on 10th February, 1978, before the Registrar, Calcutta.

(2.) THE respondent No. 1 before us filed the aforesaid proceedings for grant of probate of a Will alleged to have been executed by Tara Sankar nandan on 6th February, 1978 and registered on 10th February, 1978 by which the respondent No. l was appointed the sole executor. By the said will, the testator gave his undivided share in the Premises No. 2, kansharipara Lane, in favour of the appellant, his only son, and his entire right, title and interest in the Premises No. 49, Rupnarayan Nandan Lane, was bequeathed in favour of the respondent No. l, the executor.

(3.) THERE is no dispute that the testator died on September 6, 1980 at the Premises No. 49, Rupnarayan Nandan Lane, leaving his widow, one son, the appellant before us, and a married daughter. In the Will, the testator lamented that he had no connection with his wife, the son and the daughter for several years in the past and that they had deserted him. It is further mentioned in the said Will that the testator had met the executor in Hardwar during his visit in 1972 and thereafter, he had been residing with the executor as he was looked after and respected as if he was the father of the executor.