LAWS(SC)-2024-3-7

THANGAM Vs. NAVAMANI AMMAL

Decided On March 04, 2024
THANGAM Appellant
V/S
Navamani Ammal Respondents

JUDGEMENT

(1.) The issue under consideration in the present appeal is regarding genuineness of the Will dtd. 9/10/1984, which is a registered document, executed by Palaniandi Udyar in favour of Navamani Amma.

(2.) A suit (O.S. No. 402 of 1986) filed by the respondent/plaintiff for declaration and injunction was decreed by the Trial Court (Additional District Munsif Court, Ariyalur), holding the Will to be genuine. In appeal (Appeal Suit No. 7 of 1991) by the appellants, judgment and decree of the Trial Court was reversed by the First Appellate Court (Subordinate Judge, Ariyalur). In second appeal (Second Appeal No. 1344 of 1996) filed by the respondent the judgment and decree of the First Appellate Court was set aside and that of the Trial Court was restored by the High Court (High Court of Judicature at Madras).

(3.) Before we embark upon to consider the issues in detail, we deem it appropriate to mention the relations between the parties and certain brief facts.