J VENKATARAMAN Vs. V MATHIBOOSHANAM

JUDGEMENT

(1.) THIS testamentary suit is filed by two plaintiffs, who are admittedly the children of late J.Nagabooshanam Ammal, who died on 8.11.1984. Apart from the plaintiffs, deceased had left the defendant V.Mathibooshanam and one Mukuntharaman also as her children. It is said that Nagabooshanam Ammal had executed a will on 7.5.1980, bequeathing properties in favour of plaintiffs. No executor has been appointed. Plaintiffs undertake to administer the property. They say that they are the universal legatees, entitled to get Letters of Administration.

(2.) WHEN caveat was entered by the daughter Mathibooshanam, the petition was converted into a testamentary suit.

(3.) AN argument was taken on the side of the plaintiffs that since P.W.2 has spoken that he has seen the testatory signing the will and also that the testator having affixed the signatures in the presence of the attestors, he can be treated as an attesting witness.