2017 AP HIGH COURT - JUNE 7



1.  Whether Section 90 of the Evidence Act, 1872, is applicable to
the proof of a Will and the failure to apply the same by the Courts below
is a perverse and unsustainable conclusion even concurrently and same
is devoid of merits and even if so, for not specifically raised in the Courts
below, whether open to raise and to consider in the second appeal?

      2.  Whether it is the wording of Section 63 of the Indian Succession
Act, 1925 that is required to be reproduced by a witness in proof of a Will
i.e., one of the attestors required to be examined or it is to be construed of
the twin requirements from a reading of the evidence as a whole in
appreciation with facts and law and, if so, the conclusions arrived by the
Courts below of the Will is not proved by satisfying the twin requirements
of Section 63 of the Act are perverse and unsustainable?

      3.  Whether the Will is shrouded with suspicious circumstances
even same either under Section 90 of the Evidence Act, if at all to apply,
and even otherwise from an overall reading of the evidence, as a whole,
if taken as proved, to disbelieve the bequeaths therein?

      4. Whether the trial Court and the lower appellate Court went wrong
in rejecting the evidence of PW.3, who is son of Raji Reddy, as a whole,
based on a stray suggestion rather than appreciation of evidence, as a
whole, and if so, what is the impact on the conclusions arrived and is it a
perverse and unsustainable finding therefrom and is liable to be set
aside?

      5. Whether the findings are outcome of ill-appreciation of facts and
law and require interference by this Court while sitting in second appeal
against the concurrent findings?
     6. To what result, respectively?

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