(1.) A short but interesting question regarding the genuineness of a codicil arises for consideration in this appeal. Both the courts below held that codicil has not been proved as required under law and held against the defendants and granted a decree for partition in favour of the plaintiff. The aggrieved defendants have come up in appeal.
(2.) The facts absolutely necessary for the disposal of this appeal are as follows:
(3.) The dispute regarding the partibility of the items remained confined to items 16 and 17. As far as items 1 to 15 were concerned, there was no objection on behalf of the defendants. As regards items 16 and 17, the contention was that late Raman Nair had executed a codicil dated 28.6.1974 whereby he slightly modified the earlier bequest effected by him as per Ext.A1 Will. It was pointed out by the defendants that after execution of Ext.A1 Will by which B schedule to the Will which consisted of the School and property owned and possessed by Raman Nair was to be inherited by the first defendant in the suit. However, Raman Nair changed his mind and wanted the plaintiff to have the School and its properties and also have the management of the School. He therefore applied to the educational authorities for change of management of the school in favour of the plaintiff. The intention of Raman Nair was to execute a gift deed in respect of the school, its properties and management once the educational authorities approved the change of management. With that intention in mind, he modified his Will by Ext.B1 codicil and out of the three items contained in A schedule to Ext.A1 Will, item 1 remained to be jointly bequeathed to the plaintiff and the defendants. However, the plaintiff was disinherited in respect of items 2 and 3 of A schedule to Ext.A1 Will and those items as per Ext.B1 codicil was to be shared by the defendants. They therefore contended that the plaintiff has no manner of right over items 16 and 17 scheduled to the plaint and that had to be partitioned only among the defendants.