JUDGMENT - 1. The plaintiff claiming to be a purchaser of the suit properties from one Shivnath -- daughters son of one Bhika -- filed suit No. 59 of 1951 in the Court of the Second Joint Civil Judge, Junior Division, at Ahmednagar, against the defendants who were respectively purchasers of the same property from the widow of Bhika.

The plaintiff claimed that Bhika who died on 7-12-1934 had made a will whereby he had devised the suit properties in favour of Shivnath, and Shivnath had become the owner of those properties and that he claimed a title derived from Shivnath. The suit was resisted by the defendants. They contended that Bhika had not made a will.

2. Before the learned trial Judge evidence was sought to be led to prove the will dated 7-12-1934. The learned trial Judge held that execution of the will was not proved according to the requirements of Section 63, Succession Act and therefore Shivnath could not be deemed to have acquired title to the property of Bhika under the will. On that view of the case the learned trial Judge dismissed the plaintiffs suit.

An appeal was filed in the District Court at Ahmednagar by the plaintiff against the decree passed by the trial Court. In

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