Debi Prosad Dey, J. - (1.) THIS first appeal is directed against the judgment and decree passed by Additional District Judge, 4th Court, Barasat, North 24 Parganas in original suit No. 05 of 1995 dated 14th July 1995 whereby and whereunder Learned Additional District Judge has granted letters of administration in favour of the plaintiff/respondent in terms of the last Will and Testament dated 27th Day of December, 1972 said to have been executed by Basanta Kumar Dutta (since deceased).
(2.) BEING aggrieved by and dissatisfied with such judgment and decree, the appellants have preferred this first appeal on amongst other grounds that Learned Trial Judge has failed to consider properly the suspicious circumstances surrounding the execution of the Will and that Learned Trial Judge instead of disposing the matter according to the satisfaction of his own conscience, has supplied reasons to justify the case of the plaintiff/respondent out of his own resulting in miscarriage of justice and thereby Learned Trial Judge has failed to dispose of the case under reference in accordance with law. The fact of the case as unfolded in the petition as well as in the written statement of the parties to this lis, may be re -produced below for appreciation of the case under reference. One Basanta Kumar Dutta executed his last Will and Testament on 27th Day of December 1972 and bequeathed his estate in favour of his three nephews without appointing anybody as executor of the said Will. Prafulla Bala Dutta (since deceased) wife of Basanta Kumar Dutta was one of the attesting witnesses of such Will. Prafulla Kumar Ghosh another attesting witness also died when the Will was put in for grant of letters of administration. Sri Santiranjan Chakraborty plaintiff's witness No. 2 being one of the attesting witnesses was alive and he has been examined by the petitioner. Bivarani Dutta nee Ghosh is the only daughter of Basanta Kumar Dutta and she died on 24th Day of April, 1983. The present appellant/objectors are the sons and daughters of Bivarani Ghosh (since deceased). Dipti Ranjan Dutta, brother of the plaintiff/respondent died on 14th August, 1990 and he was a bachelor.
(3.) THE objectors being sons of Bivarani Ghosh filed written statement stating inter -alia that Basanta Kumar Dutta never executed any Will on 27.12.1972 and the plaintiff in collusion with his other brothers has manufactured the alleged Will in the name of Basanta Kumar Dutta who had been suffering from severe illness since 1970 and who was not physically fit and mentally alert in the year 1972 to execute any such Will. The alleged Will is shrouded with suspicion since the dispositions made in the said Will are un -natural. There was good relation in between Basanta Kumar Dutta and his daughter Bivarani Dutta nee Ghosh and as such Basanta Kumar Dutta had no occasion to deprive his own daughter by executing alleged Will. The long delay in filing the application for grant of letters of administration also leads to the inference that the circumstances were shrouded with suspicion in the alleged execution of Will by Basanta Kumar Dutta(since deceased). Plaintiff's witness No. 2 Santi Ranjan Chakraborty has proved the Will vide exhibit 1 and his signature vide Exhibit 1/1. The plaintiff/respondent has examined two witnesses namely Ashok Ranjan Dutta and Shri Santi Ranjan Chakraborty (witness No. 2). The objectors/appellants have examined Krishna Lal Ghosh as opposite party's witness No. 1.;