JANA BAI AND ORS. Vs. KOMALAN AND ORS.

JUDGEMENT

(1.) This appeal is filed by the plaintiffs. It was their case before the trial court that the first defendant and they were the children of one Jagannathan. The original plaintiff no.1 Janabai, was deleted from the array of parties after her death, by an order of the trial court, dated 9.4.2009. But is shown as the first appellant in the appeal. The first defendant had also died during the pendency of the suit and is now represented by his widow and two major sons. Jagannathan, the father of the parties aforesaid, is said to have died on 18.9.1956, leaving behind the plaintiffs, the first defendant and one R.J. Jeevanathan as his legal heirs. Jeevanathan, a brother of the plaintiffs and the first defendant, was said to be working as a Superintendent in the Central Excise Department. He is said to have died as a bachelor, as on 28.10.1993. Jagannathan is said to have purchased the property described in Schedule 'B' to the plaint, out of his earnings. It was claimed that since the plaintiffs and the first defendant were the sole legal representatives of late Jagannathan, that they were entitled to equal share of the said property. The third and fourth defendants were said to be the tenants of the said property and defendant no.1 was said to be collecting the rents.

(2.) On the basis of the above pleadings, the court below had framed the following issues :

(3.) The learned Senior Advocate, Shri S. Shreevatsa, appearing for the counsel for the appellants would contend, that the trial court had committed manifest errors in appreciating the evidence as regards the alleged execution of the will claimed to have been executed by Jeevanathan. It is pointed out that in holding that the said will was proved, the trial court had principally considered the evidence of one Manivannan, DW-2, an attesting witness to the will.