MINILA RANI Vs. PAMILA RANI

JUDGEMENT

(1.) The defendant in O.S.No. 3294 of 2004, on the file of the I Additional District Munsif Court, Trichirappalli has filed the above Civil Revision Petition to set aside the judgment and decree passed in the suit. The defendant/revision petitioner died during the pendency of the Civil Revision Petition and her legal representatives were brought on record as petitioners 2 to 5.

(2.) Heard the learned Counsel for the petitioners and the learned Counsel for the respondents.

(3.) The respondents filed O.P.No. 177 of 1985 before the District Court, Trichirappalli under Section 372 of the Indian Succession Act, 1925 to grant probate of the will of the deceased Nambikai Mary Ammal dated 16.05.1977 executed in their favour. According to the respondents, the suit properties were originally purchased by one Nambikai Mary Ammal, who died on 23.12.1982 at Tiruchirappalli. While she was in sound disposing state of mind, she executed a will dated 16.05.1977 which was duly executed and registered. As per the will, the respondents alone were given the rights in the suit properties. The revision petitioner disputed the will executed in favour of the respondents as false. The revision petitioners also disputed the genuineness, attestation and registration of the will. Further they have stated that the said Nambikai Mary Ammal executed her last will and testament on 16.11.1982 bequeathing all her properties in favour of the second defendant. Therefore, according to the defendants earlier will dated 16.05.1977 was automatically cancelled because of the execution of the subsequent will dated 16.11.1982.