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7. Appellants/Opposite Parties of F.A. No. 185 of 2015, had contested the case before the Trial Court by filing written objection denying and disputing all the contention of the petitioner, Rajkumar Saha. It is contended that the Will produced by the Raj Kumar Saha is manufactured one. They further stated that the testator actually executed his Last Will on 3rd February, 1995 after cancelling and revoking his earlier Will dated 11.06.1993. The said Will was torn by the testator because he realised that the Will was not properly executed due to some error traced out in the said Will.

b) The Appellants/Opposite parties in F.A. No. 185 of 2015 cannot hold contradictory statements at a time because once they are alleging the Will, had been procured by the petitioner through undue influence upon the deceased, Monilal Saha and on the other hand, they are also admitting that the Will was executed by Monilal Saha on 11.06.1993.

c) The evidence adduced by Appellants/Opposite parties contains inconsistencies and contradictions with regard to manner of cancellation and revocation of Will. Once it is being pleaded that the Will dated 11.06.1993 was torn by the Testator himself on 03.02.1995 and made a new Will but during cross-examination of attesting witness (P.W.

2), he stated the said Will was revoked and cancelled by executing a 'Batilnama'. But neither Torn Will nor Batilnama was produced before the Learned Court below to substantiate their contention. Therefore, the Learned Court did not rely on their contention of cancellation and revocation of Will.

34. This Court also does not repose confidence on the evidence adduced by the attesting witnesses or accept the contention of the Petitioner, Kalpana Saha regarding revocation and cancellation of the Will dated 11.06.1993 either by way of tearing it or by executing a 'Batilnama' on 3rd February, 1995. However, at the same time, learned counsel for the Respondent, Rajkumar Saha also fails to convince this Court about the suspicious circumstances as pointed out by the learned counsel for the Appellants with regard to the contents of the Will, which are highly unusual. The alleged Last Will dated 11.06.1993 of deceased, Monilal Saha as claimed by Rajkumar Saha indicates that his 'wife is dead' though she was very much alive on the date of alleged execution of Will i.e. on 11.06.1993. It is an admitted fact that the wife of the Testator originally died on 27.06.1994.