SAROJINI Vs. PONNUTTY

JUDGEMENT

(1.) The dispute to be settled in this Appeal by the defeated plaintiff revolves around Ext.B9 will dated 7-4-1981 executed by her father, the deceased Velayudhan. The question is whether Ext.B9 Will standing in the name of Velayudhan is genuine and duly executed in which case his rights over the schedule property will go to the defendants 3 to 6 who are the legatees and sons of the 2nd defendant. There is also a question as to the precise rights which the said testator actually had over the schedule property.

(2.) Sri. Velayudhan died at the age of 70 years in the year 1983 leaving behind the 1st defendant, who is his widow and 2nd defendant, who is his only son and the plaintiff, who is his only daughter. On 7-4-1981 i.e., 2 years before his death he executed Ext.B9 Will which was duly registered by D.w.5, who is the Sub Registrar but not having jurisdiction over the area where the property is situated.

(3.) The plaintiff brought partition suit O.s.No.84/84, the judgment in which is impugned herein, as though the Will was not in existence or at least not within the knowledge of the plaintiff.