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2003 (12) TMI 582 - SUPREME COURTWhether the Will was genuine has to be adjudicated in an appropriate proceeding? Whether the grant was absolute or it was subject to any condition or stipulation? Held that:- Appeal allowed. It shall be for the respondents to establish the genuiness of the Will in the manner recognized by law in the appropriate proceeding, and thereafter seek for possession including the claim for any mesne profits in such proceedings. It shall not be construed that our interference in the matter is on the basis of any expression of opinion about merits of the original dispute i.e. relating to genuiness of the Will but made only for the limited purpose of setting aside the illegal orders of the Courts below as to right to possession. As and when, an appropriate suit is filed the competent Court shall be at liberty to determine the question of title to the disputed half share of the respondents on its own merits, on the basis of materials and evidence that may be let in during trial, uninfluenced by the observations made on such claims in the orders set aside, as well as those made in this order.
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