The main legal point established in the judgment is the requirement to prove the execution of a Will in accordance with the provisions of the Indian Succession Act and the Indian Evidence Act, and the court's discretion to assess suspicious circumstances surrounding the Will.

JUDGMENT :

1. Since the identical issue involves in both the appeals, they are heard analogously and are being disposed of by this common judgment. This Court has issued notice to the respondents and notice has been served upon respondents No. 1, 2, 4, 5, 6, 7, 8, 9. Respondent No. 3 expired and on behalf of respondents 1, 7 & 8 have made their appearance through their respective counsel.

2. Both the appeals have been admitted by this Court on 08.03.2022 on the following substantial question of law:-

“Whether the First Appellate Court was justified in reversing the well reason finding recorded by the trial Court with regard to proof of Will.”

3. For sake of convenience, parties herein will be referred to as per their status shown in Civil Suit No.50-A/2021 before the trial court.

4. Appellant/defendant No.3- Keshav Prasad Sahu has filed Second Appeal No.153 of 2021 being aggrieved by the impugned judgment and decree dated 5-2-2020 in Civil Appeal No. 2-A/2019 passed by the learned Additional District Judge, Pendra Road, District- Pendra Road arising out judgment and decree dated 26-10-2018 passed by Civil Judge, Class-II, Marwahi Circle Court, Pendra Road, District Bilaspur, in Civil Suit No. 50-A/2012, whereby the civil appeal preferred by defendant No.2/respondent No.1 has been partly allowed and judgment and decree dated 26-10-2018 passed by the trial court has been set aside.

5. Appellant/plaintiff-Satyaprakash Sahu has filed Second Appeal No. 250 of 2020 being aggrieved by the impugned judgment and decree dated 5-2-2020 in Civil Appeal No. 2-A/2019 passed by the learned Additional District Judge, Pendra Road, District Bilaspur arising out judgment and decree dated 26-10-2018 passed by Civil Judge Class-II, Marwahi Circle Court, Pendra road, District Bilaspur, in Civil Suit No. 50-A/2012, whereby the civil appeal preferred by defendant No. 3 has been allowed and judgment and decree dated 26-10-2018 passed by the trial court has been set aside. In this appeal, he would pray for setting aside the judgment and decree passed by the First Appellate Court and would also pray for restoration of the judgment and decree passed by the trial Court.

6. Brief facts, as reflected from the record are that Satyaprakash Sahu, appellant/plaintiff in Second Appeal No. 250 of 2020 and respondent No.2 in Second Appeal No. 153 of 2021 has filed a Civil Suit bearing No. 50-A/2012 before the learned Civil Judge, Class-II, Marwahi, Camp Court, Pendra Road, District- Bilaspur (CG) for declaration of title, permanent injunction and partition mainly contending that the plaintiff and respondents belong to same family and Defendant No.1 Smt. Rampyari Sahu is the wife of late Lalta Prasad Sahu and rest of them are their daughters and sons respectively. Plaintiff and defendants No.2 to 9 are brothers and sisters. Genealogical tree has also been described in the pleadings made in the plaint. It has also been contended that Late Lalta Prasad Sahu is having title of property of suit land bearing Khasra No.2542/02, 2543/06 admeasuring area 0.0648, 0.352, total 01 hectare situated at village Pendra Patwari Halka No.01. It is an ancestral property and as per the family tradition, all the properties are distributed amongst all the family members.

7. Defendant No.3- Keshav Prasad Sahu with intention to possess the suit land started construction over the suit property whereas the said property belongs to plaintiff and other defendants. It has been further contended that no partition has been taken place, therefore, taking its advantage defendant No. 3 had started construction over the suit property, as such, FIR has also been lodged by the plaintiff. Since there was no partition, therefore, property has to be distributed amongst all the family members equally. As such, present suit has been filed for declaration of title, equal partition between the plaintiffs and defendants, for grant of permanent injunction and restraining defendant No.3 to sell out the suit pro