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11. So many matters are raised and the evidence has also been led by both the parties. The parties have led sufficient evidence to indicate whether the appellant was the senior Chela of late Mahanth Ram Krishna Das or the respondent was the only and senior Chela of the late Mahanth, there is no document available on his point and the oral evidence has been led on behalf of both the parties in support of their cases. The evidence is also not so important for the purpose of deciding the matter in issue, because even if it is so that the appellant was not the senior most and the only Chela of late Mahanth and if the Will executed by him (Ext. '2') was the last Will of the Mahanth by which he conferred right to succeed him to the properties of the Math on the respondent, the appellant is certainly entitled to get a Letter of Administration if the Will is found to be genuine and valid. On the other hand, if the appellant is found to be the senior most or the only Chela of late Mahanth testator Ram Krishna Das and if the Will executed by him in favour of the appellant (Ext. 'E') is not found to be genuine and valid then the Letters of Administration could not have been granted to the appellant which has been done by the trial Court.

(6) If a caveator alleges fraud, undue influence, coercion etc., in regard to the execution of the Will, such pleas have to be proved by him, but even in the absence of such pleas, the very circumstances surrounding the execution of the Will may raise a doubt as to whether the testator was acting of his own free Will. And then it is a part of the initial onus of the propounder to remove all reasonable doubts in the matter.

26. In the background of the principles laid down by their Lordships in the present case it is necessary to consider the genuineness of the Will. It has already been observed earlier that the Will in question (Ext. 'E') was prepared when the testator was lying on bed and was ailing. It has come in evidence that he was ailing for practicably a year prior to his death and was under-going treatment by several doctors and it has also come in evidence that the testator during the period of his illness was mostly confined to bed and he had also lost his eyesight and was not in a position to discharge his rituals and duties himself. In such a circumstance the Will is executed in presence of the testatee himself. It is also alleged that the other employees of the Math for their own reasons and Malnly because of the fact that they were also benefited by the transfer of some "properties to them colluded with the testatee in preparation of the Will. In this background the fact that the testator being a literate and educated person puts his L.T.I. on the Will instead of signing the same creates serious doubt about the manner of execution of the Will. In this circumstance, the creation of the Will has been seriously challenged on behalf of the respondent and it has been submitted that taking advantage of the illness of the Mahanth and because of his incapacity to take any decision and do something to decide about his successor, the Will in question (Ext. 'E') is brought into existence. It has been pointed out that most of the witnesses coming in support of the execution of the Will have benefited by purchase and acquisition of the part of the property of the Math through sale-deeds executed only recently prior to the execution of the Will. Therefore, it has been contended that the circumstances are indicative of the fact that there was a well hatched conspiracy on behalf of the appellant to create a document to grab the property of the Math after the death of the testator and accordingly, the Will (Ext. 'E') is brought into existence and the respondent has been forcibly driven away and kept out of reach of the Math. Therefore, it has been contended that authenticity of the Will (Ext. 'E') is so suspicious and doubtful that the learned trial Court has rightly refused to accept the Will as genuine and refused to grant Letters of Administration to the appellant.