D. FRANCIS Vs. ANTHONI KURUS

JUDGEMENT

(1.) Aggrieved over the dismissal of the suit in O.S.No.156 of 1989 in respect of T.S.No.5363/1B, for an extent of 5280 sq.ft, the present appeal came to be filed.

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

(3.) The learned Senior Counsel appearing for the appellants would contend that the parties are Christians and therefore, Indian Succession Act would apply. Though the 15th defendant claiming to be legitimate son born through the first defendant, the same has not been established. The evidence of DW-1, the mother of 15th defendant, itself clearly indicates that the alleged marriage has not been established and the birth of the 15 th defendant to first defendant was also not been established. It is his contention that the so called Will, dated 05.01.1982 said to have been executed by Dawood, original owner of the suit property, has not been probated, which is mandatory under law at the relevant point of time. Therefore, the Will ought not to have been relied upon by the the trial Court in negativing the claim of the plaintiff.