The appellant herein filed O.S.No.2535 of 1997 in the Court of the Principal Junior Civil Judge, Visakhapatnam for declaration to the effect that she is the successor to Sree Satyananda Viswa Vihar Ashram, Sreenagar, Visakhapatnam (for short ‘the Ashram’), by virtue of a Will, dated 13.02.1995, executed by Sri Satyananda Maharshi (hereinafter referred to as “The Maharshi”) to manage and look after the affairs of the Ashram; and for perpetual injunction to restrain the respondents from interfering with the functioning of the Ashram. It was pleaded that The Maharshi established an Ashram at Inamadugu of Nellore District several decades ago and that since quite good number of disciples and followers were there at Visakhapatnam, an Ashram was established at that place also. The appellant is said to be one such disciple from Visakhapatnam and that she has taken sanyasam to devote her life for the objectives enunciated by The Maharshi. The Maharshi is said to have executed a Will, dated 13.02.1995, conferring the right of the management of Ashram upon the appellant and that he passed away on 16.10.1996. She is said to have assumed the management of the Ashram and is looking after the same by conducting ceremonies, preaching devotees and undertaking other spiritual activities in a peaceful and congenial atmosphere. Complaining that the respondents are trying to interfere with the functioning of the Ashram, the appellant filed the suit.

2. Respondent No.1 filed a written statement and respondent Nos.2 to 4 filed a memo adopting the same. They alleged that the suit was filed with an objective of grabbing the Ashram. According to them, Sree Satyananda Viswa Vignana Sangam, Visakhapatnam (for short ‘the Sangam’) has been managing the Ashram for the last 42 years with the blessings of The Maharshi and that the Will pleaded by the appellant is a forged one. It was also mentioned that the General Body of the Ashram at Inamadugu held a meeting on 19.05.1996, presided over by The Maharshi; and that in the meeting, it was announced that the Sangam shall be in-charge of the administration and management of the Ashram at Visakhapatnam. Defendant Nos.1 to 3 are said to have attended the said meeting and it was pleaded that ever since then, the Sangam is managing the Ashram. Allegations of harassment and mismanagement are also made against the appellant.

3. The trial Court decreed the suit through judgment, dated 05.06.2000. Aggrieved thereby, the respondents filed A.S.No.142 of 2000 in the Court of the VII Additional District Judge (Fast Track Court), Visakhapatnam. The appeal was allowed on 13.12.2003 and the decree passed by the trial Court was set aside. Hence, this second appeal.

4. Sri V.L.N.G.K.Murthy, learned counsel for the appellant, submits that his client had devoted her entire life for service in the Ashram by taking sanyasam and that recognizing her dedication to the Ashram, The Maharshi executed the Will entrusting the management of the Ashram to the appellant. He contends that the respondents were under the misapprehension that the appellant is vested with the proprietary rights of the properties of the Ashram and the same is without any basis. The learned counsel further submits that the lower appellate Court totally misdirected itself in the context of examining the question of proof of the Will by assuming several factors and treating them as suspicious circumstances. He contends that the very fact that D.W.2, In-charge of the Ashram at Inamadugu, Nellore District, addressed a letter to the appellant to forward a copy of Ex.A1 and has known the purport thereof, would add legality and genuinity to Ex.A1.

5. Sri M.Bala Subrahmanyam, learned counsel for the respondents, on the other hand, submits that the management of the Ashram was entrusted to the Sangam during the life time of The Maharshi himself and that the appellant tried to assume the management after the death of Maharshi by concocting the Will. He further sub