Partition–Conclusion of trial Court that both the documents, i.e. Will and agreement of sale were false and fabricated–High Court reversed the findings of trial Court in regard to agreement for sale–Justification–Both the documents cannot be analysed independent of each other–When the Will was surrounded by suspicious circumstances, the agreement must also be rejected as a necessary corollary–Agreement of sale was mentioned in the Will and the obligations thereunder were purportedly passed on the legatee–Further, there was no reason that the vendee did not get the sale document registered for a long length of time–Defendant no. 15 never took any step to seek the specific performance of agreement from the heirs of deceased–High Court committed error in interfering with the findings of trial Court.
