FRANCIS Vs. CHERUPUSHPAM

JUDGEMENT

(1.) The plaintiffs in OS No. 3 of 1998 on the file of the District Court, Thrissur are the appellants in this appeal. The said suit originated as OP 88 of 1995 before the District Court, Thrissur, presumably under S.276 of the Indian Succession Act, 1925 originally for the grant of a probate in respect of a Will said to have been executed by one Vareed. Subsequently it was amended as a petition for Letters of Administration under S.278 of the Indian Succession Act. Citations were issued on the OP. Respondents 1 to 5 to the OP after receipt of citations lodged their caveat contesting the matter. Thereupon the OP was converted into a regular suit and numbered as OS 3 of 1998. The suit for the grant of Letters of Administration was in respect of Ext. A3 Will dated 16/05/1989 executed by Vareed who died of cancer of the throat and tongue on 23/06/1989. Vareed had two daughters in his first wife. Plaintiffs 3 and 4 namely Gracy and Daizy are the said two daughters. After the death of his wife Vareed had married the first defendant Cherupushpam in whom he had begotten four children - three sons and a daughter. Defendants 2, 4 and 5 are the three sons and the 3rd defendant is the daughter. Vareed, the testator had altogether 16 1/2 cents of land and a building thereon comprised in survey No. 890/1 of Ayyanthole Village. The plaintiffs who sought the grant of Letters of Administration, are two of the brothers of deceased Vareed by name Francis and Philippose and the two daughters of Vareed born to his first wife. The names of those daughters are Gracy and Daisy.

(2.) As per Ext. A3 Will dated 16/05/1989 Vareed purported to make the following bequest:

(3.) After the case was converted into a contested matter, 4 witnesses were examined on the side of the plaintiffs. PW 1 is the Sub Registrar who registered the instrument. The second plaintiff was examined as PW 2. The scribe of the instrument was examined as PW 3 and the attester to the instrument was examined as PW 4. On the side of the defendants, the first defendant who is the 2nd wife of Vareed was examined as DW 1 and a neighbour was examined as DW 2.