RAMACHANDRA RAO Vs. RAJENDRA RAO

JUDGEMENT

(1.) First appellant is the son of late Madhava Rao, brother of Pandarinath Rao who died on, 7th January 1990. Second appellant is the wife of the first appellant. First respondent and deceased Nagari Bai filed O.P. 7 of 1990 for succession certificate contending that they are the legal heirs entitled to succeed to the estate of the deceased Pandarinath Rao. They are the surviving brother and sister of Pandarinath Rao. Appellants filed O. P. 21 of 1990 for collection of the very same debts on the basis of a Will alleged to have been executed by Pandarinath Rao on 30th July 1989 whereunder they are claiming to be the legatees.

(2.) Both the Original Petitions were jointly tried. The learned Sub Judge, Kochi allowed O. P. 7 of 1990 and directed issuance of succession certificate to the petitioners (respondents herein). O. P. 21 of 1990 was dismissed on the finding that the propounders of the Will failed to establish execution of the same.

(3.) There is no dispute among the contesting parties with regard to the mental faculty and capacity of Pandarinath Rao in July, 1989 when the Will is alleged to have been executed. The common evidence is that Pandarinath Rao was healthy and that he was looking after his affairs including business till his death.