The court affirmed the validity of a Will executed under proper procedures, ruling that mere relationships or opportunities do not imply undue influence unless proven with clear evidence.

1. This is an appeal filed from the order of Mr. P.T. Patil, Joint Civil Judge, Senior Division, Jalgaon, dated 30th September, 1965, dismissing the plaintiff's suit which was for a declaration of ownership and possession of certain property under the Will of his father Chavdas Dharma Kolhe (hereinafter referred to as 'the deceased'). The Will in question was executed by the deceased on the 4th of August, 1963, and has been tendered as Ex. No. 45 in these proceedings. The deceased died on the 12th of February, 1964, and was, at the time of his death, of the approximate age of 82 or 83 years. The plaintiff's case is that his deceased father originally bore the name of Maharu Dhondu Kolhe, that when the plaintiff was still a child, his father was given in adoption to one Dharma Kolhe, and that thereafter the plaintiff's deceased father changed his name to Chavdas Dharma Kolhe, and the plaintiff was also brought up in the adoptive family. According to the plaintiff, after adoption, his deceased father got a son Bhaskar from his first wife, that Bhaskar died, in 1948 leaving a widow Tulsabai, that Tulsabai filed a suit, being Special Suit No. 29 of 1951, for partition against the deceased and got a decree and got her shares separated, that the plaintiff's mother also died, and that the present first defendant is the second wife of the deceased. The plaintiff's case further is, that after the partition and separation of the share of Tulsabai, the suit property remained as the exclusive property of the deceased, that the deceased had great love and affection for the plaintiff, and that the deceased, therefore, made a Will on the 4th of August, 1963, in respect of the suit property under which the plaintiff received substantial proprietary benefits. The position in regard to the houses belonging to the estate of the deceased at the time of his death was that the plaintiff resided in House No. 32 situate at Asode village, that the first defendant resided in House No. 52 which was also situated in the village of Asode, and that House No. 14 at Asode was in the occupation of Defendants Nos. 2 to 9 as tenants. Under his said Will dated the 4th of August, 1963, the deceased bequeathed the said Houses Nos. 14 and 32 to the plaintiff absolutely, but as far as House No. 52 was concerned, the deceased gave a life interest to his second wife, the first defendant, and directed that after the life interest of the first defendant, the same was also to belong to the plaintiff. As far as the lands belonging to the estate of the deceased were concerned, the deceased bequeathed a life interest in Survey No. 296, situated at Mamurabad to the first defendant and directed that it was thereafter to belong to the plaintiff. Survey No. 477/2 in the same village was bequeathed by the deceased to his daughters who it may be mentioned, are not parties to the present suit, and the said Survey Number is also not a part of the property which is the subject - matter of this suit. All other lands situated in the village of Asode, as well as Survey No. 332/4B situated in the village of Mamurabad were bequeathed by the deceased by his said Will to the plaintiff absolutely. The plaintiff has filed the suit, out of which this appeal arises, in order to enforce his rights t