In Brief
The Supreme Court considered whether a High Court properly set aside the concurrent findings of the Trial Court and First Appellate Court regarding the genuineness of a Will executed by Kishan Singh in favour of Harnam Singh. Both lower courts had rejected the Will's authenticity, finding the evidence unconvincing. The High Court reassessed the evidence and held the Will was proved. The Supreme Court allowed the appeal, holding that an appellate court cannot conduct a fresh factual enquiry under Section 100 of the Code of Civil Procedure to reweigh witness credibility where concurrent findings exist. The Court restored the lower courts' judgments, holding that the evidence did not reliably establish due execution under Section 63 of the Indian Succession Act, 1925."
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