JUDGMENT

S.B. SINHA, J.—

1.Requirements in regard to the nature of proof of a Will in view of existing suspicious circumstances is the question involved in this appeal which arises from the judgment and order dated 27.08.1998 passed by the High Court of Karnataka at Bangalore in R.F.A. Nos. 308/94 and 331/94.

2.Before, however, we embark upon the said question, we may notice the admitted facts.

3.Appellants herein are wife and children of one Hanumanthappa, the testator. The suit property measuring 4 acres 32 guntas stood in his name. He admittedly was suffering from cancer. He expired on 11.09.1988. Just two weeks prior to his death, viz., 25.08.1988, he allegedly executed the Will in favour of Respondent No.1 herein bequeathing in her favour the lands in question. Appellants were not aware of the execution of the said Will. They applied for mutation of their names after the death of Hanumanthappa. An objection thereto was raised by Respondent No.1. Allegedly, in the meantime, Respondent No.1 had also sold the suit lands in favour of Respondent No. 2 by a deed of sale dated 16.03.1989.

4.On the aforementioned premise, the appellants filed a suit for declaration and permanent