BHATTACHARJEE, J. :- The application filed by the appellant for probate of the will alleged to have been executed by his uncle Midung Bhutia has been dismissed by the learned District Judge on the finding that "the Will cannot be called to be a genuine Will of the deceased and seems to have been forged by the petitioner along with the help of his witnesses" and being aggrieved by his judgement as aforesaid the appellant has preferred this appeal.

2. The learned District Judge has held that there are strongly suspicious circumstances surrounding the execution of the Will and the onus of explaining these circumstances and of removing the suspicion from the mind of the Court rests squarely on the appellant and that he has failed to discharge the onus in this case. That the onus of explaining the suspicious circumstances surrounding the execution of the Will is heavily on the propounder is settled by a series of authorities of the Privy Council and the Supreme Court and the decision of the Calcutta High Court in Sushma Bala Devi v. Anath Nath Tarafdar (AIR 1976 Cal 377), relied on by the learned District Judge, has referred to some of these Supreme Court decisions on the point