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As per case facts, plaintiffs filed a suit for joint possession, which was decreed by the trial Court and affirmed by the First Appellate Court. Defendants appealed to the High
...Court against these concurrent findings. The dispute revolves around the estate of Chanan Singh. Plaintiffs claimed natural succession, while defendants asserted rights based on a registered Will from Chanan Singh. Lower courts discarded the Will due to suspicious circumstances, a claim not explicitly pleaded by the plaintiffs. The question arose whether the Will's execution was duly proven and if it was truly surrounded by suspicious circumstances, especially given the lack of specific pleadings by the challenging party. Finally, the High Court reversed the lower court's Judgments, finding the Will's execution proven by an attesting witness. It clarified that mere exclusion of natural heirs isn't suspicious and a challenging party must specifically plead suspicious circumstances. The High Court also noted the suit's limitation, accepting the appeal and dismissing the original suit.
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