SAIBY Vs. MARY

JUDGEMENT

(1.) These appeals arise out of an order of remand passed by the Sub Court, Perumbavoor in A.S Nos.77/2011 and 78/2011 dtd. 23/7/2014. By the judgment impugned, the First Appellate Court set aside the judgment and decree of the Munsiff's Court, Perumbavoor in O.S.Nos.113/2009 and 95/2009 dtd. 29/3/2011 and remanded the suit back for fresh consideration. In these appeals, certain intricate questions pertaining to the interpretation of Sec. 63(c) of the Indian Succession Act, 1925 read with Sec. 68 of the Indian Evidence Act, 1872 have been raised.

(2.) The brief facts necessary for the disposal of these appeals are as follows:-

(3.) In these appeals, the appellants contend that, the order of remand is unwarranted, as it is nobody's case that, the Will was not proved in terms of Sec. 68 of the Indian Evidence Act, 1872. As regards the misdescription of property, it is contended that, the first appellate court did not notice Sec. 71 of the Indian Succession Act, 1925, and that, the identity of a property cannot be the basis for questioning the Will.