C.SIVARAJAN Vs. CHELLAKUTTY,D/O.DASAMMA

JUDGEMENT

(1.) THE appellant propounded Ext.A2 unregistered Will, before the II Additional District Court, Thiruvananthapuram in the O.P.(Letters of administration) No.86 of 2003 filed by him seeking letters of administration with Will annexed. The O.P. was hotly contested by the 1st respondent herein, who is the wife of the deceased Sebastian who had allegedly executed Ext.A2. Consequently, the O.P. was converted into O.S. No.11 of 2004. Ultimately, the plaintiff was non - suited and the suit was dismissed with costs through the impugned judgment.

(2.) THE case of the appellant/plaintiff is that deceased Sebastian and his wife, the 1st respondent, had jointly acquired the 5 cents of property in question, out of which late Sebastian had executed Ext.A2 unregistered Will thereby bequeathing 2.5 cents of property in favour of the appellant on 05.09.2002. Sebastian died on 12.12.2002. The appellant, being the sole legatee, is entitled to letters of administration with Will annexed.

(3.) THE court below after appreciating the evidence, dismissed the suit with costs and hence the appeal.