SUMATHY HEBSIBA Vs. ARUN KUMAR

JUDGEMENT

(1.) THE suit is one for declaration of title and in the alternative for partition. The property in question originally belonged to one Christy Joy - a spinster. The plaintiff claims right as being the sister and only legal heir of Christy Joy. The first defendant on the other hand claims to have married the said Christy Joy. The third defendant is the son of the first defendant in the second defendant. The dispute revolves round an unregistered 'Will' executed by Christy Joy.

(2.) THE court below had earlier forwarded the 'Will' to a handwriting expert by name R. Sukumaran Chettiar for expert examination. He verified the 'Will' with the Acquittance Roll and Service Book of Christy Joy. He has given a prima facie finding that the signatures in the Acquittance Roll and Service Book do not tally with that found in the 'Will'.

(3.) THE first Commissioner in the instant case did not have the opportunity to verify any authentic documents. The comparison was done with Acquittance Roll and Service Book only. Now that the partition deed and sale deed which are registered documents are made available. The same admittedly contains the conscious signature of Christy Joy. Therefore the court below thought it fit to forward these two documents also to another expert. But the direction to forward the ATM card to the expert for verification cannot be upheld.