KATHRIKUTTY Vs. PAPPOO

JUDGEMENT

(1.) These appeals are directed against the judgment in O.S.No. 1/84 granting probate at the instance of the first respondent in respect of Ext.A1 and A2 wills executed by one Mathew J. Kollamparambil. The facts of the case are as follows:

(2.) The plaintiff in O.S.No. 1/84 filed O.P.No. 1874/79 claiming himself to be the executor in terms of Ext. A2 Will dated 16.11.78 and seeking probate in his capacity as the executor. Sri. A.A. Joseph, Advocate filed O.P. No. 1327/1980 seeking probate in respect of Ext.A1 Will dated 16.11.1972 stated to be executed by the very same testator. Respondents, the natural heirs of the unmarried testator, contested the petition contending that there was suspicious circumstances surrounding both the Wills. Consequently the petitions were converted as suit; O.S.Nos. 1/84 and 2/84. Both the suits were later consolidated and tried as O.S.1/84, where the contentions of all the parties were dealt with. The learned Single Judge granted "probate to the plaintiff in O.S.No. 1/84 with Exts. A1 and A2 attached to it, with the clauses relating to revocation and charities omitted from Ext.A2 and clauses relating to specific legacies and appointment of Executor omitted from Ext.A1". This is under challenge in MFA No. 1054/94 at the instance of defendants 11.15 and 30 and in MFA.No. 1055/94 at the instance of respondents 20 and 23. Later respondents 20 and 23 did not contest the appeal and in their place defendants 12 and 14 got transposed as the appellants to contest MFA.No. 1055/94.

(3.) It is contended by the appellants that the propounders of the Will failed to prove the genuineness of the Will and therefore did not discharge their burden to obtain probate. The learned Single Judge rejected the said contentions relying on the evidence on record which consists of the oral testimony of PWs.1 to 3 and DW1 and documentary evidences Exts.A1 and A2, the Wills in question. PW1 is the attestor of Ext.A1 Will, PWs. 2 and 3 are the executor and one among the attestors of Ext.A2 will respectively and DW1 is the second attestor to Ext.A1.