BABY MOL VARGHESE Vs. P.S. JACOB

JUDGEMENT

(1.) These three appeals are preferred against the common decree and judgment in A.S Nos.34 of 2006,33 of 2006 and 35 of 2006 on the files of the District Court, Kozhikode and the suits in O.S.Nos.497 of 1999, 773 of 2000 and 264 of 1999 of Principal Munsiff's Court, Kozhikode. The suit in O.S.No.264 of 1999 is the leading case. The said suit was filed by one Baby Mol Varghese, a sole legatee under Ext A3 registered Will claiming to be the owner of plaint schedule seven cents of property left out by one T.K.Baby, the testatrix of Ext.A3 Will. The other two suits were filed by the near relatives of T.K.Baby. The suit in O.S.No.497 of 1999 is by the uncle of T.K.Baby against the plaintiff in the leading case and another. That suit was filed for permanent prohibitory injunction with respect to the above seven cents of property. The other suit in O.S.No.773 of 2000 was also filed by the plaintiff in the leading case for permanent prohibitory injunction. The leading case is also filed for prohibitory injunction not to alienate, encumber the property and not to alter the peaceful possession of plaintiff by any of the defendants. The trial court dismissed the leading case and the suit in O.S.No.773 of 2000. But decreed the connected suit in O.S.No.497 of 1999. In appeal, it was confirmed, against which these appeals are preferred by the original plaintiff in the leading case. The parties herein below are referred in their status in the leading case in O.S No.264 of 1999.

(2.) The dispute is pertaining to Ext.A3 Will dated 12.7.1991 left out by T.K.Baby pertaining to plaint schedule property having an extent of seven cents. There is no much dispute that it was originally belonged to T.K.Baby. She died after seven years of the execution of Ext.A3 registered Will. The sole legatee under the Will is non else one Baby Mol Varghese, who is the plaintiff in the leading case. The essential questions to be addressed are:-

(3.) Both the trial court and the first appellate court found that the testatrix had executed and registered Ext.A3 Will. It was also proved as mandated under Sec. 68 of the Evidence Act and the mandate under section 63 of the Indian Succession Act was also established.