Indian Succession Act, 1925–Sec. 63–Decree of the suit in second appeal–Sustainability–Claim of the plaintiff was based on sale deed dated 18.01.1979–Case of defendants that the testator had executed the Will dated 23.03.1977 in favour of his grandson–High Court entertained the doubt over the Will on the basis that it was not produced earlier and the first defendant had affixed her signatures over the sale deed–Specific case of first defendant that she had affixed her signatures not only on this sale deed but also the other sale deeds executed by her step-mother and others, being under the impression that the same was required as she was also the daughter of late B–High Court failed to appreciate the independant evidence adduced to prove the Will–The scribe of Will was an advocate and his depositions were remained unshaken–Title of the property did not pass under the sale deed–Impugned findings recorded by the High Court are liable to be set aside.
