KALAVATI DINKAR ADSULE Vs. RAJARAM SHIDU GHATGE

JUDGEMENT

(1.) THE sole question that requires consideration in this second appeal is :

(2.) THE trial Court held that the plaintiff propounder of Will was not able to explain the suspicious circumstances satisfactorily surrounding the execution of the Will and, therefore, dismissed the plaintiffs suit on 30-8-1980. The first Appellate Court disagreed with the decision of the trial Court. The first Appellate Court vide judgment and decree dated 24-1-1985 held that the plaintiff has successfully dispelled the circumstances sought to be shown as suspicious by the defendant Nos. 1 to 3 and the Will Exhibit-79 has been duly proved by the plaintiff propounder and the same is valid. The Appellate Court accordingly decreed plaintiffs suit.

(3.) THE second appeal arises from the facts which may be summarised with brevity and these facts are :-