PRABHKUMARI Vs. S. MOHANRAJAN

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 31.10.2019 in A.S.No.86/2018 on the file of the Additional District Court-II, Kollam (hereinafter referred to as 'the first appellate court') which arose out of the judgment and decree dated 12.4.2017 in O.S.No.772/2014 on the file of the Additional Munsiff's Court, Kollam (hereinafter referred to as 'the trial court'). The plaintiffs are the appellants. The parties are hereinafter referred to as described in O.S.No.772/2014 unless otherwise stated.

(2.) Brief facts of the case necessary to be noted for deciding this appeal are as under:-

(3.) The defendants 1 and 2 filed written statement denying the execution of the second Will contending that Ambikakumari was laid up on the alleged date of execution of the said Will. It was further contended that, taking advantage of the custody of Ambikakumari during the fag end of her life, the plaintiffs fraudulently created the alleged Will deed No.43/2003. The parents of the plaintiffs and defendants had never disposed of the property during their life time. Hence the Will deed No.41/1985 had come into effect and accordingly the defendants were put in possession of the property as absolute owners thereof. According to the defendants 1 and 2, the plaintiffs have no cause of action to institute the suit. The 3rd defendant also filed the written statement denying the allegations against him in the suit and seeking to dismiss the same.