ARULMIGU SUBRAMAIA SWAMY Vs. K JAGADEESWARI

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties.

(2.) THIS appeal is filed against the judgment of the learned single Judge in C. M. A. No. 787 of 1990, dismissing the appeal filed by the present appellant. Such appeal was preferred against the order dated 30. 3. 1990 passed by the Subordinate Judge, Kancheepuram in S. C. O. P. No. 19 of 1988.

(3.) LEARNED single Judge has also observed that the Will was typed out in English, whereas the signature was appended in Telugu and there is no certificate that such Will was read over and explained to the executant in the language known to such executant. The other evidence on record also does not indicate that before signing the Will, such will had been read over and explained to the executant to the language known to him. Therefore, even if the signature of the Will can be accepted to that of the deceased, in the absence of any proof of due execution, the conclusion of the Subordinate Judge and the learned single Judge that due execution of the will has not been proved is not liable to be interfered with.