Indian Succession Act, 1925–Sec. 63(2)–Two Wills of testator–Which can be held to be established–Will dated 30.06.1992 was a duly executed Will and has been validly proved as per requirements of the law–Witness M of subsequent Will 15.06.2002 was produced but he did not appear for cross-examination–Therefore, his evidence was not considered–Defendant DW 1 admitted that in fact there is no reference of the earlier Will of 1992 in the Will of the year 2002–Bequeth of Kolkata Property in favour of the plaintiff in the subsequent Will is a suspicious circumstance in the subsequent Will–If the testator wanted to revoke the earlier registered Will, he should have clearly disclosed his mind with reference to the particular Will–DW 3, attestator of Will 2002, could not prove the attestation of the Will as per law–At the time of execution of Will 2002 the testator was aged about 82 years, and unable to move–Held, Court below rightly hold that the subsequent Will could not be established.
