CHERICHI Vs. ITTIANAM

JUDGEMENT

(1.) O. P. No. 138 of 1986 was filed by the respondents in this appeal in the Court of the District Judge, Trichur for granting letters of administration in respect of a Will alleged to have been executed by Kakkassery Ippuru on 8.5.1967. Since the appellant who was the respondent in the above Original Petition raised the contention that Ippuru did not execute the Will as alleged by the respondents, the Original Petition was converted as a suit, a contentious proceeding and it was tried and disposed of by the learned District Judge. The learned District Judge found that Ext.A1 Will was executed by Ippuru and directed granting of letters of administration in respect of the Will in favour of the first respondent.

(2.) Kunhiri was the first wife of Ippuru and they had a son by name Vareed and a daughter, the 6th respondent Kunhitti alias Molutty. After the death of the first wife, Ippuru married the 7th respondent and in that marriage, Ippuru had two daughters, Mariyamma and Padmini alias Cherichi, the appellant. Vareed died on 8.1.1986 and the first respondent is his wife and respondents 2 to 5 are his children.

(3.) Ext. A1 Will is stated to have been executed by Ippuru on 8.5.1967. Execution of Ext. A1 Will by Ippuru is denied by the appellant. The contentions that Ippuru was suffering from Paralysis and that he was not of sound mind and was not in a position to take care of himself and that even if a Will was executed by Ippuru, it would have been executed under coercion and undue influence exerted by the legatee were taken up by the appellant. A suit, O. S. No. 220 of 1986 was filed by the present appellant in the Munsiff's Court, Chavakkad for partition. Then the respondents in this appeal filed the petition for grant of letters of administration. As per the provisions of Ext. A1 Will, items 1 to 3 are seen to have been given to the 6th respondent, the daughter of Ippuru in his first marriage. On reserving life estate in favour of the second wife, the 7th respondent, items 4 to 7 were given to Vareed. There is also a direction in the Will that Vareed had to give Rs. 2000/- each to the 8th respondent and the appellant who are the daughters of Ippuru in his second marriage.