The validity of a Will must be proven with clear evidence, especially when suspicious circumstances exist, and findings of fact by lower courts should not be disturbed unless they are perverse.

JUDGMENT :

Rajnish Kumar, J.

1. Heard Sri Vijay Krishna,learned counsel for the defendant-appellant and Sri Ashok Kumar Bhatnagar, learned counsel for the plaintiff-respondent.

2. The instant second appeal under Section 100 of the Civil Procedure Code 1908 (hereinafter referred as CPC) has been filed against the judgment and decree dated 23.01.1984 passed in Regular Suit No. 197/91 (Guru Prasad vs. Juggi Lal) by the 6^th Additional Munsif, Faizabad (now Ayodhya) and judgment and decree dated 04.01.2013 passed in Civil Appeal No. 044/1984 (Juggi Lal vs. Guru Prasad) by the Additional District Judge, Court No.5, Faizabad (now Ayodhya).

3. The following substantial question of law has been formulated in this appeal by means of the order dated 04.02.2013:-

“Whether the finding recorded by courts below, regarding parentage of plaintiff and also regarding fraud in execution of Will, is against the evidence on record and perverse.”

4. Learned counsel for the appellant submitted that the plaintiff-respondent is the son of Mata Dei and her previous husband (Chhedi). The evidence to this effect was adduced i.e. Birth Certificate and Pariwar Register of plaintiff-respondent but without considering it and relying on the evidence of the plaintiff-respondent who was an interested witness, the finding has been recorded that the plaintiff- respondent Guru Prasad was the son of Lodhe and Mata Dei. He had also argued that in the villages, the villagers have a tendency of taking Gaza and Liquor, therefore, merely because Lodhe was taking liquor, it cannot be said that the Will Deed was got executed in it’s influence. He further submitted that the allegation that the Will Deed was got executed by the defendant-appellant in collusion with the attesting witnesses of the Will in a fraudulent manner is not sustainable for the reason that the Will has been proved by one of the attesting witness of the Will but the learned courts' below without considering that in case Will was being got executed in a fraudulent manner, Lodhe who had executed the Will, would have stated the same before the registering authority in the enquiry under Section 34 and 35 of the Registration Act. He further submitted that the provisions of Order 41 Rule 31 CPC have been violated and the points of determination have not been framed. Thus,the submission is that the impugned judgment and decrees passed by the courts below are not sustainable in the eyes of law and liable to be set aside.

5. Per contra, learned counsel for the plaintiff-respondent submitted that Lodhe was the father of the plaintiff-respondent Guru Prasad and to prove it, the High School certificate of Guru Prasad and Caste Certificate with parentage of Lodhe were filed and no cogent evidence contrary to it could be produced. The letters written by the father of the plaintiff-respondent Lodhe have also been placed on record, in which he has addressed the plaintiff-respondent as his son. The money order receipts showing the money sent by the plaintiff-respondent to his father Lodhe were also placed on record. Thus, there is ample evidence to show that the plaintiff-respondent was the real son of Lodhe and Mata Dei. He further submitted that the doubt has been tried to be created by filing a copy of the Pariwar Register showing parentage as Chhedi, which has been signed by the same Gram Pradhan who had signed the Caste Certificate of the plaintiff- respondent showing the father’s name Lodhe but he has not been produced to prove the same. Thus, the submission was that the plaintiff-respondent is the son of the deceased Lodhe and the findings have been rightly recorded by the courts below in regard to the parentage of the plaintiff-respondent, which are not contrary to the evidence on record and there is no perversity in it. He further submitted that it has been proved that the Will was got executed by defendant-appellant, who was confident of Lodhe being son of his sister, who used to look after Lodhe in absence of the pla