SABYASACHI BHATTACHARYYA,J. - (1.)The propounder of the Will of one Renupada Saha (since deceased) has filed the present appeal against a judgment and decree of the court below dismissing the probate application on contest. Upon the probate application being filed, the same was objected to by the respondents, who filed separate written statements, upon which the same turned contentious and gave rise to Testamentary Suit No.9 of 2006.
(2.)Learned counsel for the appellant submits that the learned Trial Judge proceeded on an erroneous premise in observing that there were suspicious circumstances surrounding the execution of the Will, which were not dispelled by the propounder. The learned Trial Judge, it is argued, relied on extraneous factors and overlooked relevant evidence on record which showed substantial satisfaction of the requirements of Sec. 63 of the Indian Succession Act, 1925 (hereinafter referred to as "the 1925 Act") and Sec. 68 of the Indian Evidence Act, 1872.
(3.)The evidence of the plaintiff's witnesses was brushed aside as "nebulous, hazy and shaky", which is contrary to the records and as such, the judgment is perverse.