G JAYAKUMAR Vs. R RAMARATNAM

JUDGEMENT

(1.) IN O. P. No. 234 of 1970, one Jayakumar prays for permission to prove in common form the Will of one Amaravathi Ammal and for the grant of probate in his favour.

(2.) AMARAVATHI Ammal, who was 83 years old at the time of the execution of the will dated 14-4-1969 is said to have died on 6-7-1970. Under the Will, she is alleged to have bequeathed her properties worth over Rs. 65000 in favour of the petitioner Jayakumar, who belongs to a different community from that of the testatrix. It is also alleged that under the Will the petitioner has been appointed as the sole executor of the testatrix.

(3.) AFTER publication in the papers one Sundarammal and one Ramaratnam have entered caveat. In her affidavit in support of her caveat, Sundarammal says that the deceased testatrix was her paternal aunt and that upon the death of the testatrix, have inherited her estate as her heirs-at-law. She also contests the truth and validity of the Will and contends that the testatrix had no testamentary capacity at the time the will is alleged to have been executed and that the testament has been brought about by foul play.