1. Respondents 1 and 2 in this appeal are daughters of one Indira Bai. Appellants are her three sons. Indira Bai died on 13th November, 1981.

2. In April, 1983, respondent No.1 instituted a suit against the appellants, respondent No. 2 and her father claiming that Indira Bai died intestate on 13th November, 1981 and she is entitled to 1/6th share in the properties left behind by her. She also pleaded that if there is any will that is forged. All the defendants, namely, father, three brothers and one sister of the plaintiff/respondent No.1 took the stand that Indira Bai had left behind a will dated 26th August, 1981 and her properties are to be dealt with as per the will. The father of respondent No.1 who was defendant No.1 in the suit died during the pendency of the suit.

3. On appreciation of evidence the trial court held that the will had been duly proved and the suit was dismissed. In the first appeal, the judgment of the trial court was reversed by the High Court. The findings of the trial court upholding the will dated 26th August, 1981 were reversed by the impugned judgment Editor's Note : See 1991 (1) KLT 246 - Sumangala T. Pai v. Sundaresa Pai. It was held that th