( 1. ) APPELLANT/non-APPLICANT has filed this appeal against the order dated ; 8-3-2002, passed by III rd Additional District Judge, Shivpuri in Probate Case no. 7/2000. Applicant filed an application for probate under Sections 218 and 254 of the Indian Succession Act. He pleaded that his uncle Chhotelal Sharma executed a "will" on 16-3-1995 and by the aforesaid "will" he had bequeathed admeasuring 1. 89 hectare of land situated at Village Kota, Pargana and District shivpuri in favour of the applicant because the applicant had been living with his uncle. It is an admitted fact that the non-applicant is the daughter of the deceased. Non-applicant resisted the claim of the applicant. She further stated that her father has not executed any "will" in favour of the applicant. The said "will" (Exh. P-l) is a forged one. After considering the evidence on record of the case, the Trial Court granted probate in favour of the applicant by holding that will executed in favour of the applicant is proper.

( 2. ) LEARNED Senior Counsel on behalf of the appellant/non-applicant has submitted that the Trial Court has committed an error of law in granting probate in favour of the respondent. T