K JAYARATHNAM Vs. K G FREDRICK

JUDGEMENT

(1.) THE plaintiff K.Jayarathnam had filed the Original Petition under Section 232 and 276 of the Indian Succession Act, 1925 r/w Order XXV Rule 5 of the Madras High Court Original Side Rules seeking the grant of Letters of Administration with the Will annexed in the matter of the last Will and testament of Dr.Beatrice Beulah (deceased). In the said petition, he had arrayed K.Dayansingh Daniel, K.G.Fredrick and K.Hosea as the three respondents. On receipt of Judge's summons, out of the three respondents, K.G.Fredrick alone filed a caveat opposing the grant of Letters of Administration in favour of the plaintiff. Hence the Original petition was converted into a Testamentary Original Suit showing the petitioner in the original petition as the plaintiff and the second respondent in the OP as the sole defendant.

(2.) THE case of the plaintiff, in brief, are as follows:-

(3.) TWO witnesses, including the plaintiff, were examined as P.W.s 1 and 2 on the side of the plaintiff, whereas the defendant was examined as the sole witness (D.W.1) on his side. The plaintiff produced four documents marked as Ex.P1 to P4. No document has been produced on the side of the defendant. Issues 1 to 4: