MANICHERRY SASEENDRAN Vs. P V LEELA

JUDGEMENT

(1.) The questions involved in this Revision are the following:

(2.) Chandramathi, the next friend of the first Respondent and sister of Respondents 3 and 8 died a spinster. The Petitioner alleged that Chandramathi borrowed a sum of 45,000/- from him for the construction of a house. Chandramathi was a staff nurse working in the Government Hospital, Nadapuram. She was residing in a rented house with her close friend, the first Respondent. Chandramathi died in harness. The Petitioner alleged that Chandramathi executed a Will bequeathing her properties. The Will is an unregistered Will. The Will was written in a diary kept by Chandramathi. It was attested by two witnesses. In the Will, there is a stipulation that on her death, the Petitioner would be entitled to get 45,000/- from her gratuity amount. The Petitioner filed the Succession O.P. for the issue of a succession certificate for a sum of 45,000/- out of the gratuity amount.

(3.) The first Respondent stated in her counter statement that Chandramathi was living with her since 1985. Both of them were working in Government Hospital, Nadapuram from 1972 onwards. For the purpose of construction of a house, Chandramathi borrowed a sum of 45,000/- from the Petitioner. The amount was not repaid. After the death of Chandramathi, the first Respondent found out the diary containing the Will and it was intimated to the Petitioner.