K CHRISTO JAYAKUMAR Vs. K SUJAYAKUMARI

JUDGEMENT

(1.) THE appellant herein is the respondent in the Pro.O.P.No.29/1999 preferred by the respondents herein, before the Sub-Court, Padmanabhapuram, under Section 276 of the Indian Succession Act, 1925. THE reference to parties will be in accordance with their array in the Pro.O.P.No.29/1999.

(2.) THE issue involved in this appeal is relating to the probate of the will executed by one Mr.Kumaradass, who died on on 14.12.1998. THE fifth petitioner is the wife of Late Mr.Kumaradass. THE petitioners 1 to 3 are the daughters and the fourth petitioner is the one of the sons of Mr.Kumaradass and the respondent is the another son of Mr.Kumaradass. Mr.Kumaradass was a retired Headmaster. He had executed a registered will dated 09.01.1997 bequeathing Schedule A to D properties in favour of the petitioners. Later, he executed a codicil dated 27.03.1998.

(3.) DURING the trial, three witnesses were examined on the side of the petitioners. The fourth petitioner was examined as P.W.1. P.W.2 was the person who attested the will dated 09.01.1997. P.W.3 was the person who attested the codicil dated 27.03.1998. 16 documents were filed on the side of the petitioners and they were marked as Exs.P1 to P16. Ex.P1 is the will dated 09.01.1997. Ex.P2 is the codicil dated 27.03.1998. Ex.P3 is the death certificate of Mr.Kumaradass. Ex.P4 is the judgment dated 21.10.1985 passed in O.S.No.45/1984 by the District Munsif, Padmanabhapuram in the suit preferred by Mr.Kumaradass against the respondent and his wife claiming restoration of properties and also an order of injunction restraining the respondent and his wife from interfering with the peaceful possession of the properties. Ex.P5 is the judgment dated 28.11.1988 passed in A.S.No.11/1986. Ex.P6 is the document relating to the delivery of possession pursuant to the order dated 01.11.1993 passed in E.P.No.105/1993 in O.S.No.45/1984. Ex.P7 is the judgment dated 03.07.1990 passed in C.C.No.632/1988. Ex.P8 is the complaint dated 23.07.1993 given by Mr.Kumaradass against the respondent and his wife, to the Inspector of Police, Thuckalay complaining that they attempted to assault and inflict injuries on him and the fifth petitioner was kicked away by the respondent. Ex.P9 is the petition dated 11.09.1997 preferred under Section 451 Cr.P.C., in Crime No.864 of 1997 in C.M.P.No.3161/1997 by Mr.Kumaradass, before the Judicial Magistrate, Kuzhithurai, praying to hand over the custody of the timbers produced in the Court pending completion of the trial. Ex.P10 is the order dated 29.09.1997 passed in C.M.P.No.3161/1997 by the Judicial Magistrate, Kuzhithurai. Ex.P11 is the affidavit filed by Mr.Kumaradass in support of Crl.O.P.No.14336/1997 seeking to quash the proceedings in Crime No.864/1997 on the file of Sub-Inspector of Police, Kuzhithurai. Ex.P12 is the petition in Crl.O.P.No.14336/1997 dated 15.09.1997. Ex.P13 is the order dated 28.09.1997 passed in Crl.O.P.No.14336/1997 by this Court. Ex.P14 is the order dated 06.02.1998 passed in C.M.P.No.736/1998 by the Judicial Magistrate, Kuzhithurai, for which the petition was preferred by Mr.Kumaradass seeking return of documents filed before the Court. Ex.P15 is the judgment dated 04.06.1998 passed in O.S.No.185/1990 by the Principal District Munsif, Kuzhithurai in the suit preferred by Mr.Kumaradass against one Sellakan and Nelson seeking declaration and injunction. Ex.P16 is the decree dated 04.06.1998 passed in O.S.No.185/1990 by the Principal District Munsif, Kuzhithurai.