In Brief
The appellant inherited a property through a registered Will (Exhibit P4) executed by Ms. Jessie Jayalakshmi in his favour. When the respondent refused to vacate, a suit for declaration and possession was filed and decreed by the Trial Court. The High Court, on appeal, reversed the decision on suspicion that the Will's execution was questionable, despite the respondents themselves not formally challenging it. The Supreme Court held that the High Court erred in creating unfounded suspicion without legal basis. Where a Will is properly proved under the Succession Act and Evidence Act by attesting witnesses, and the respondents expressly admitted its execution, courts cannot entertain suspicion merely because relatives were excluded. The Supreme Court restored the Trial Court's decree, emphasizing that appellate courts must respect factual findings unless the trial judge's approach was erroneous or unreasonable.
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