THANGAMANI Vs. GANESAN

JUDGEMENT

(1.) (i) Though normally attestation would not amount to admission/knowledge of contents of documents, yet having regard to special relationship between the parties and specific interest in the property, whether attestation would amount to admission/knowledge of contents of documents and if so whether the attesting witness would be bound by the principle of estoppel?

(2.) FOR the sake of convenience, the parties in this appeal have been referred as per the nomenclature assigned to them in the trial court. The plaintiff filed the suit, against his brother (i.e.) the defendant, in O.S. No. 1110 of 2002 seeking the relief of declaration and injunction. The trial court decreed the suit by judgment dated 14.09.2007. The defendant preferred the appeal in A.S. No. 88 of 2009 and by the judgment dated 27.11.2009, the first appellate court allowed the appeal and thereby the suit came to be dismissed. Challenging the dismissal of the suit, the present second appeal has been filed.

(3.) THE trial court framed the issues with reference to validity of the Settlement Deed as well as Will and gave a finding that both documents are true and valid. The trial court relied upon the evidence of P.W. 2 Raman and P.W. 3 Pappathi who have spoken about the execution of Will by Silambayee.