M. GURULINGAM Vs. NITYANANDAN

JUDGEMENT

(1.) The case of the plaintiff is as follows :

(2.) But for the Will both this defendant and his sisters are entitled to ⅙th share each in the estate of the grandfather. This defendant filed partition suit in O.S. No. 2418 of 1987 in City Civil Court, Madras. The plaintiff herein filed written statement in that suit wherein also the plaintiff has not come out with true facts and only at the time of trial of the said suit, this defendant was made aware of the testamentary proceedings and immediately he took steps for recall of the probate. The grandfather of this defendant did not execute any such Will that too of his own free will. Throughout the deceased was living away from the plaintiff and only this defendant's parents, this defendant and also his two sisters were living with the grandparents. The defendant's mother Angammal was the only daughter of the grandparents viz., Muthulinga Nayanar and Jagadathambal and the plaintiff herein is their only son. This defendant was living along with the grand-parents. The plaintiff was nowhere in the scene throughout. So, the Will is not a true and genuine one. If really the grandfather had executed any such Will, certainly he would have told this defendant and his family well about the same. The plaintiff is called upon to prove the genuineness of the Will. The suit has to be dismissed.

(3.) On the above pleadings, the following issues were framed for trial :