JUDGEMENT
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(1.)This appeal by certificate granted by the Calcutta High Court under Art. 133 (1) (b) of the Constitution is from a decree dated December 24, 1969 and arises out of a probate suit.
(2.)The material facts may be briefly stated as follows. One Manindra Chandra Bose (original respondent No. 1 since deceased) and Jogendra Nath Mitra (respondent No. 2 before us) filed an application before the Subordinate Judge, Alipore, for probate of a will alleged to have been executed by one Ranendra Chandra Bose on November 8, 1952. Jitendra Chandra Bose, a brother of the testator entered caveat and filed a written statement and contested the application for probate. The plaintiffs, case was that Ranendra died unmarried on November 16, 1952, leaving the alleged will (Exhibit 1) executed on November 8, 1952. Ranendra left behind him three brothers - Jitendra, aforesaid, Gopendra and plaintiff No. 1, Manindra. Manindra and Jogendra (plaintiff No. 2) had been appointed executors of the will. By the will Ranendra bequeathed one-half of his properties to his nephew, Bhabesh, who was the son of his younger brother, Phanindra, who had pre-deceased him, and the remaining half to his younger brother Manindra for life, and after his (Manindra's) death to Bhabesh absolutely.
During the pendency of the suit, Jitendra died and his heirs who were substituted, contested the suit.
(3.)The contentions of the defendants were that Ranendra on November 8, 1952, was not in a physical or mental condition to execute a will; he was in a semiconscious state of mind and had not the testamentary capacity to execute the alleged will. They alleged that the will was brought into existence at the instance, and under the influence of, the propounder Manindra; that the signatures of Ranendra on the will were not genuine and that they must have been obtained on blank papers by Manindra who was looking after the properties of Ranendra as well as all litigations in which Ranendra was involved.