JOSEPH Vs. ALEYAMMA

JUDGEMENT

(1.) 1st defendant in O. S. No. 1 of 1979 on the file of Additional District Judge, Kottayam is the appellant in A. S. No. 113 of 1981. He is the plaintiff in O. S. No. 1 of 1972, which was tried along with O. S. No. 1 of 1979. A. S. No. 420 of 1981 is filed by him against the judgment and decree in O. S. No. 1 of 1979.

(2.) THE facts of the case may be summarised as follows:- Plaintiff in O. S. No. 1 of 1972 is the son of one Skaria. After the death of the mother of plaintiff, who was the first wife of Skaria, Skaria married the 10th defendant. Defendants 2 to 9 are her children born in that wedlock. The suit was originally filed by plaintiff seeking issue of letters of administration in regard to a will alleged to have been executed by Skaria on 3-1-1964 and registered on 11-2-1966 after the death of testator on 30-4-1964. In pursuance of the notice issued on the petition to the next of kins of deceased listed in the O.P., the next kins, defendants 2 to 10, appeared in court and filed a caveat and affidavit disputing the genuineness and validity of the will and its registration. Thereupon, O. P. was registered as O. S. No. 1 of 1972. As per the will, the testator purports to have bequeathed items 1 to 3 of Schedule.1 in the plaint and half right of item 5 in that schedule to the plaintiff. Plaintiff alleged that he is the sole and exclusive legatee of the deceased in regard to the above items. He further alleged that the will dated 8-1-1964 is the last will executed by the testator.

(3.) 's residence, but he was not there. Subsequently, PW 4 came to the plaintiff's house and handed over the will. According to plaintiff, he applied for registration and after due enquiry, the Sub Registrar registered the document and it was in those circumstances, he filed O. P. No. 149 "of 1971, which was converted into suit, for probating the will. 4. Defendants 2 to 10 filed O. S. No. 44 of 1966 for cancellation of registration of the will. O. S. No. 44 of 1966 was decreed holding that the impugned will is a forged document. However, in A. S. No. 470 of 1973, this court set aside the judgment and decree of the court below and remanded the matter with direction to try the said suit simultaneously with O. S. No. 1 of 1972. Accordingly, O. S. No. 44 of 1966 was renumbered as O. S. No 1: of 1979 and tried along with O. S. No. 1 1972.