(Dr. D.Y. Chandrachud, J.)

Admit. By consent of the learned counsel and at their request, the Appeal is taken up for hearing and final disposal.

2. The Appeal arises from a judgment of a Learned Single Judge in the testamentary jurisdiction by which probate has been granted in respect of an alleged will and testament of the deceased Ramchandra Marutirao Sawant.

3. Ramchandra Marutirao Sawant was married and besides his wife, his family consisted of seven children, five sons and two daughters. He is alleged to have executed a will on 22 February 2001. The testator died on 1 May 2002. On the date of the execution of the will, the testator was eighty-two years of age and was suffering from squamous cell carcinoma of the tongue, He had suffered a hypertensive stroke in 1983 and had also undergone a surgery of the Pelvic bone. The will was propounded by the Respondent Shivaji, who was one of the five sons of the testator. In response to the Testamentary Petition, caveats were filed by the widow of the testator, Janakibai and by three of his other sons. The caveators denied that the alleged will had been executed by the deceased.

4. The following issues were drawn up:

“1. Whe