JEYARAJ Vs. GANGAMMAL

JUDGEMENT

(1.) A.S.581 of 1987 arises out of Succession O.P.No.57 of 1983 on the file of the Subordinate Judge's Court, Nagercoil. Transfer A.S.No.105 of 1992 arises out of O.S.No.18 of 1984 on the file of the same Court. Respondents 6, 8 and 9 in Succession O.P.No.57 of 1983 are the appellants in. They are the appellants in the transfer appeal also. The petitioner and respondents 2 to 4, 7 and 10 to 15 in Succession O.P.No.57 of 1983 are the respondents in, and defendant's 2 and 4 to 13 in O.S.No.18 of 1984.

(2.) WE will refer to the parties as per their ranks in the suit in O.S.No.18 of 1984.

(3.) THERE was a repletion statement filed by the plaintiffs. They also impleaded Dr.S.S.Rajan as the seventh defendant in the suit. They reiterated the contents in the plaint and further stated that the Will was not a genuine one, but a piece of rank-forgery; late Sunderraj was suffering from acute blood urea as well as blood pressure; he suffered giddiness often; he was physically and mentally very feeble after retirement from service till his death; he was under the treatment of Dr.Vincent of Nagercoil, and then in the Holy Cross Hospital, Nagercoil till his death, he had no sound disposing mind after his retirement; he was very weak; while so, the alleged Will was brought into existence at the instance of the fifth defendant, who was residing with late Sunderraj in collusion with Ganagammal; the Will was not executed by late Sunderraj out of his free Will and volition; at the time of the Will he was not capable of understanding what he was doing; the husband of the second defendant by name Azariah, who was working as Assistant in the Registration Department, had used his influence in the Department to bring into existence and cause the registration of the alleged Will; the Will was unnatural; there was no reason for late Sunderraj to disinherit plaintiffs 1 and 2; and; the attestors of the Will were the henchman of the husbands of defendants 3 and 4.