A RAVIKUMAR Vs. M SAVITHIRI

JUDGEMENT

(1.) FOR convenience, the parties are referred to as they are described in this Appeal. The present appeal has been filed against the judgment of the learned single Judge in T. O. S. No. 28 of 1999, rejecting the application of the present appellant for issuance of probate in respect of the Will dated 8. 4. 1993, purportedly executed by one P. G. Arunachalam.

(2.) ADMITTEDLY, late Arunachalam through the first wife had one son late A. Srinivasan and one daughter, Respondent No. 4. Two sons and widow of late A. Srinivasan are the Respondents 5 to 7. After the death of the first wife, the aforesaid Arunachalam had married Respondent No. 1. Through Respondent No. 1, there are three sons, the present Appellant and Respondent Nos. 2 and 3.

(3.) THE appellant claims that Arunchalam executed a Will dated 8. 4. 1993 whereunder the disputed property and movables and cash deposits, etc. , were bequeathed in favour of the appellant, Respondents 1 and 2 and the present appellant was appointed as the Executor of the Will. After the death of Arunachalam on 26. 11. 1998, the present appellant filed O. P. No. 351 of 1999 corresponding to T. O. S. No. 28 of 1999 for grant of probate.