Case Note & Summary
The case involves a second appeal by the original plaintiffs, Purushottam Haribhau Pijgade and Gopal Laxmanrao Pajgade, against the judgment and order dated 23.1.1998 passed by the Additional District Judge, Yavatmal in Regular Civil Appeal No. 93 of 1994. The lower appellate court had allowed the appeal and set aside the trial court's decree granting possession to the plaintiffs based on a Will. The plaintiffs claimed title to the suit property through a Will executed by the deceased. The trial court had decreed the suit in favor of the plaintiffs, but the appellate court reversed it, holding that the Will suffered from suspicious circumstances and was not validly proved. The substantial question of law framed was whether the lower appellate court was justified in rejecting the plaintiffs' claim on that ground. The High Court, after examining the evidence, held that the lower appellate court erred in its approach. The court noted that the Will was attested by two witnesses, one of whom was examined, and the execution was proved. The suspicious circumstances pointed out by the appellate court were not sufficient to dislodge the proof of due execution. The High Court allowed the appeal, set aside the appellate court's judgment, and restored the trial court's decree. The court emphasized that the mere presence of suspicious circumstances does not invalidate a Will if it is otherwise proved to be validly executed and attested.
Headnote
A) Succession Law - Will - Attestation - Section 63 Indian Succession Act, 1925 - Section 68 Indian Evidence Act, 1872 - The court held that the lower appellate court erred in rejecting the Will solely on the ground of suspicious circumstances without properly considering the evidence of attestation and execution. The trial court's finding that the Will was duly proved was restored. (Paras 2-10) B) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The court framed a substantial question of law regarding the validity of the Will and answered it in the negative, allowing the appeal and setting aside the lower appellate court's judgment. (Paras 2, 10)
Issue of Consideration
Whether the lower appellate court was justified in rejecting the plaintiffs' claim based on the Will on the ground that the Will suffered from suspicious circumstances and that it was not proved to be validly executed.
Final Decision
The appeal is allowed. The judgment and order dated 23.1.1998 passed by the Additional District Judge, Yavatmal in Regular Civil Appeal No. 93 of 1994 is set aside. The judgment and decree passed by the trial Court is restored.
Law Points
- Attestation of Will
- Suspicious Circumstances
- Proof of Will
- Section 63 Indian Succession Act
- 1925
- Section 68 Indian Evidence Act
- 1872
