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3. The deceased Smt. Bimla Neogi was head of the department, Fine Arts, Allahabad University. Shri Shanker Singh Choudhery, a neighbour had retired as District Magistrate. Due to his advancing age and preoccupation Shri Shanker Singh Choudhery executed a letter of renunciation of executorship of the will under Section 230 of the Indian Succession Act, 1925 in favour of the Administrator General, U.P.

4. In Testamentary Suit No. 9 of 1998 Shri Prabir Kumar Dutta, son of S.K. Dutta, a Physiotherapist attending Smt. Bimla Neogi after she suffered a stroke of paralysis claims that she had named him as a legatee in the will dated 17.11.1989. Shri Prabir Kumar Dutta, has set up another will dated 25.1.1993 attested by Smt. Bulbul Dey and Shri P.N. Chaterjee. Shri P.N. Chaterjee was examined on commission on 31.10.1999 by Shri P.K. Ganguly, Advocate vide his report (A-107).

(5) Whether the deceased executed the Will dated 17.11.1989 in favour of Pravir Kumar Datta?

(6) Whether the petition for grant of Letters of Administration is legally not maintainable?

(7) To what relief if any, is the plaintiff entitled.

7. Issue No. 6 was amended on 13.3.1996 as follows:

Whether the petition for the grant of Letters of Administration is not maintainable as pleaded in paragraph Nos. 10 and 11 of the written statement?

8. In Testamentary Suit No. 5 of 1995 Shri J. Nagar, the Administrator General submits that both the witnesses to the will namely Smt. Bulbul Dey and Deepa Dutt Roy have expired. Shri Yogesh Kumar Goel (PW-2), the scribe proved the will under Section 69 of the Evidence Act. Shri Yogesh Kumar Goyal son of Shri Satya Prakash Goyal resident of 533, Mamfodganj, Allahabad (PW-2) is an Advocate practicing in Civil Court since 1976. He deposed that he had drafted the will dated 29.4.1992 on the instructions of Smt. Bimla Neogi. It was typed by Shri Shambhu Nath, a typist of Civil Court, Allahabad. Smt. Bimla Neogi signed on the will in her own handwriting in roman characters. It was, thereafter, signed by Smt. Bulbul Dey and Smt. Deepa Dutt Roy in the presence of Smt. Bimla Neogi and in the presence of each other. The will was made by her, in sound and disposing mind and presented by the deceased before the Sub-Registrar. In the cross-examination he stated that Smt. Bimla Neogi had herself came to him and on her instructions he had prepared the will. He has not filed the notes. She was an educated lady and had read the will. It was not read over to her. She first read the draft, which was typed and thereafter, signed on it. The will was registered before the Registrar at the Collectorate. She had come on her own. No one had brought her to the Collectorate. The witness knew her as she was residing in same locality in which the witness was living. He did not know whether she had suffered an attack of paralysis in 1991 and did not remember whether she had signed with the left or right hand. He was present, when the will was registered.

11. The deceased had broken her right hand in the year 1972. Dr. S.K. Dutta again treated her for six months on the advise of Dr. U.S. Misra of MLN Medical College, Allahabad. She used to live alone and whenever she felt sick, she came to the house of Shri Prabir Kumar Dutta and was provided service of doctors. In 1988 she had a mild heart attack. She was taken by Dr. S.K. Dutta to Dr. R.K. Agrawal to perform ECG and was treated on his advise.

12. In may 1991 she had severe stroke due to high blood pressure and suffered paralysis of the right side of her body with a head injury. She was brought to the residence of Dr. S.K. Dutta and was thereafter hospitalized. She was also treated by Dr. Chauhan, Neuro Surgeon and Dr. A.N. Verma. Her scan and x-ray were done. She was semiconscious for 20 days and was then shifted to her house.

20. Dr. S.K. Dutta appeared as DW-2. In his affidavit he gave the same facts as are given in the written statement of her son Shri Prabir Kumar Dutta. In para 19 the witness stated that he used to spend approximately Rs. 1500/- per month for her treatment and other house expenses of Smt. Bimla Neogi. He proved the details of expenses filed on the list of document as paper No. A-65. He further stated that Rs. 1500/- was not sufficient as such he used to spend a lot on her. He had a joint account with Smt. Bimla Neogi. This money was also spent on her treatment. Shri Shankar Singh Chaudhary lived near the house of the deceased. He used to visit her after paralysis attack and started visiting her frequently. Shri Shankar Singh Choudhary had an evil eye over the property of Smt. Bimla Neogi and also on the interest of fix deposits. Shri Shankar Singh Chaudhary started harassing the lady servant Krishna engaged by him and looked after the deceased and ultimately turned her out and engaged another male servant Krishan and asked the witness to pay his salary. Krishan left the job within 6-7 months and ultimately lady servant Krishna was again engaged by him as lady servant to look after the lady. She also lived with her. The witness stated in para 25 of his affidavit filed as examination in chief that after the death of Smt. Bimla Neogi, Smt. Bulbul Day handed over to him a will dated 12.1.1993, which was duly executed by Smt. Bimla Neogi and was duly registered. She had executed the will out of love and affection in favour of his son Shri Prabir Kumar Dutta.