Judgment

MUDHOLKAR, J. : The question which arises for consideration in this appeal by a certificate granted by the High Court of Bombay is whether a will alleged to have been executed by one Ramdhan on May 23, 1947 is genuine or is a fabrication. By this will, Ramdhan is alleged to have bequeathed almost his entire property consisting of 16 fields assessed to land revenue at Rs. 425/- per annum, five houses, a shop and movables consisting of 800 tolas of gold, 1,000 tolas of silver, Rs. 50,000/- cash and Rs. 15,000/- due from debtors as well as cattle, agricultural implements, utensils, etc., to the appellant, and practically excluded his widow, Sitabai and his three married daughters. The appellant is the grandson of one of the three predeceased uncles of Ramdhan, and the ground on which the widow and the daughters wree practically excluded by Ramdhan is said to be the strained relations which developed between Ramdhan and his wife during his last days.

2. Ramdhan died on October 31, 1948, and Sitabai, who was all along living with him, came into possession of Ramdhan s property. Admittedly the appellant did not try to disturb her possession. According to him, he allowed Sitabai to