Indian Succession Act, 1925–Sec. 276–Grant of probate–Justification–Executor of will had already adopted B, however, executed the will in favour of respondent T by cancelling the adoption deed–Will was propounded by respondent T who was the sole beneficiary–However, he never entered in
witness box for examination and filed the application under Order 23, Rule 3-A which was dismissed by trial Court–Burden of proving the will was on him–He did not make any statement on oath in respect of his pleadings, an adverse inference is to be drawn against him–Testatrix aged of 70 years, living at place U for over 50 years, executed the will at village B, when she visited in marriage of grant-daughter of T–Contradictions in regard to presence of attesting witnesses and scribe of will–Contradictory circumstances were also found in deposition of will–Held, findings recorded by trial Court on this issue deserve to be reversed.
