Indian Succession Act, 1925–Sec. 63–Evidence Act, 1872–Sec. 68–Suit
for partition–Decreed by holding the plaintiffs entitled for 5/12 share–Will– Validity of–Conclusion of trial Court that the will was surrounded by suspicious circumstances as the widowed daughter-in-law and grand-son of testator were deprived of any bequeath under the will–Defendants proved the will by examining the attesting witnesses–Will cannot be held suspicious merely because one of attesting witness was working at the place where the testator had deposits–Further, the application for opinion in regard to hand-writing on the will was also wrongly dismissed–Non-mentioning of so-called properties in the will would not render it suspicious–Impugned judgment on issue no. 3
set aside and directed to decide the issue afresh after obtaining the FSL
report.
