VATTAKAM PURATH PARAMBIL ANANDA BHAI Vs. KANAKA BHAI

JUDGEMENT

(1.) The suit for partition was dismissed by the Trial Court and it has been confirmed by the lower appellate court. Plaintiff's case is that the suit property belonged to his father and after his death it devolved on his mother, himself and the defendants, that his mother died on 17-4-1968 and that he is entitled to 1/5th share. Defendants 1 and 4 filed joint written statement admitting plaintiffs entitlement to a share in the property but also propounding Ext. B1 Will dated 14-5-1979 in favour of the 4th defendant executed by their mother. Defendants 2 and 3 filed written statement supporting the plaintiff and paid court fee for separate allotment.

(2.) Trial Court on evaluation of evidence held that Ext. B1 Will is not genuine and all the children are entitled to the property left by mother. This finding has been confirmed by the lower appellate court.

(3.) Main contention of the appellants is that the courts below ought to have given due importance to Ext. B1 it being a registered document and ought not have cast burden on the appellants who propounded the will. It is contended that the will being registered the burden is not that heavy on the appellants and the respondent (plaintiff) should have established the acceptability of the will by cogent evidence.