SARASAMMA Vs. KALYANI

JUDGEMENT

(1.) The first plaintiff in a contentious proceedings for Letters of Administration is the appellant in this appeal.

(2.) The plaintiffs and defendants are the children of one Sankunni Achari who died on 14.11.2004. The plaintiffs instituted O.P(CA) 58 of 2006 seeking Letters of Administration in respect of a will executed by Sankunni Achari on 9.11.1999. Defendants 1 and 2 entered appearance in the proceedings and filed objections against the grant of Letters of Administration sought by the plaintiffs. According to the defendants, Sankunni Achari revoked the will dated 9.11.1999 and executed a fresh will on 3.1.2004. They also claimed by way of a counter claim Letters of Administration in respect of the will claimed to have been executed by Sankunni Achari on 3.1.2004. An objection was filed by the plaintiffs to the counter claim, contending that Sankunni Achari had not executed a will on 3.1.2004. In the light of the objections filed by the defendants, the proceedings became contentious and was registered and decided as a suit.

(3.) The evidence in the case consists of the oral testimony of PW1 and Ext.A1 on the side of the plaintiffs and the oral testimonies of Dws1 to 4 and Exts.B1 to B4 on the side of the defendants.