JUDGEMENT

H.L. Gokhale J.:-This Civil Appeal raises the question as to whether the will of one Smt. Nagammanni was validly executed, and whether the same was duly proved by the respondent no.1 and another (original plaintiffs). There is one more connected issue raised in this appeal as to whether a learned Judge of the High Court of Karnataka was right in interfering in Second Appeal, into the concurrent findings of the Trial Court and the Lower Appellate Court in exercise of High Court’s powers under Section 100 of Code of Civil Procedure.

Facts leading to this Civil Appeal are as follows:-

2. The respondent no.1 and another, the original plaintiffs are the sons of a cousin of one Smt. Nagammanni who died on 21.11.1970. It is claimed by them that she left behind a will executed way back on 24.10.1943, and registered with the Sub-Registrar at Mysore, on 25.10.1943. The original plaintiffs claimed that through the said will she has bequeathed her property in their favour. The property referred in the will is her ancestral property. The property of late Smt. Nagammanni consisted of 11 parcels of dry land situated in village Mallinathpuram, and 2 parcels of wet land situated in villa