JANARDHANAN Vs. JAYACHANDRAN

JUDGEMENT

(1.) A Will produced and exhibited as Ext.B6 as that of one Padmalakshmy is under challenge mainly on the competency of attesting witnesses - PW2 and DW2.

(2.) Both the witnesses though admitted their respective signature in Ext.B6, both of them admitted that they had no prior acquaintance with the testatrix and they could not say the identity of the testatrix except the fact that two women came for the purpose of execution of Ext.B6 Will. Divergent findings were rendered by the trial court by dismissing the suit and by the First Appellate Court by granting a preliminary decree for partition.

(3.) The question came up for consideration is :