JUDGMENT :

1. The suit is the result of a challenge to a writing said to be the last Will and testament of late Mr. Tarapada Chatterjee, a widower. The deceased’s wife Ruby Chatterjee predeceased him on 3rd September, 1983 and the deceased had two children one daughter Ms. Shanta Chatterjee alias Shanta Ashok Tolat who is the plaintiff and son Mr. Avijit Chatterjee who filed the caveat.

2. The pleadings, in brief reveal the facts set out below:-

The deceased Mr. Tarapada Chatterjee died on 24th August, 1990 at Mumbai. He was a resident of 32-A, Jaldarshan, Nepeansea Road, Mumbai- 400 036 and left movable and immovable properties in the States of Maharashtra, West Bengal, Tamil Nadu and in Union Territory. According to the plaintiff, the deceased left behind a Will said to have executed on 21st March, 1989. The plaintiff claims to be the sole beneficiaries and has filed Testamentary Petition No. 360 of 1995 seeking probate of the Will, since no executor was appointed.

3. The Caveat filed by the defendant is supported by affidavit dated 4th August, 1997 in which the defendant has contended that the Will dated 21st March, 1989 is not an authentic document. The defendant states that citat