R.SIVAGAMI AMMAL Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) Aggrieved over the dismissal of the suit filed for partition, the present First Appeal is filed by the legal heirs of the plaintiff, namely Ramadoss (since deceased).

(2.) The brief facts leading to the filing of this appeal are as follows:

(3.) The learned counsel appearing for the appellants vehemently contended that Ex.B.3 - Will is not proved in a manner known to law. The same is shrouded with serious suspicious circumstances. The evidence of the attesting witness does not satisfy the requirement of law to prove the Will. The deceased plaintiff (Ramadoss) also signed as one of the attesting witnesses, whereas, later, he scored out his signature. It is one of the circumstances creating a serious doubt about the Will and the evidence of D.W.1 is also contradictory with regard to the date of execution of the Will. Hence, it is his contention that the Will has not been properly proved and the Trial Court has also not framed any specific issue with regard to the proof of Will. Hence, it is submitted that as the Will has not been proved in a manner known to law, the plaintiffs/appellants are certainly entitled to share in the property. In support of his submissions, he has relied upon the following judgments: