G NAGAPPAN Vs. B KALAICHELVAM

JUDGEMENT

(1.) (This O.S.A. has been preferred under Order XXXVI Rule 11 of O.S. Rules read with Clause 15 of Letters Patent against the judgment and decree dated 22.06.2004 in T.O.S.No.14 of 1995). M. Chockalingam, J. A challenge is made by the 17th defendant to the judgment of the learned Single Judge made in T.O.S. No.14 of 1995.

(2.) THE first respondent/plaintiff filed originally an orignal petition for the issue of probate and subsequently, it was converted to a suit. THE plaintiff filed the proceedings, seeking the relief with the following averments: THE plaintiff's aunt one Saraswathi Ammal has executed a Will on 1.12.1989, bequeathing her entire estate in the schedule mentioned property absolutely in favour of the plaintiff that she died on 20.08.1990 that the Will was attested by two witnesses, namely S. Rajasekaran and S. Venkateswaran that on her death, the Will has come into force that her husband predeceased her that the deceased had no issues and hence except the plaintiff, no one is entitled to have any share that since the Will has come into force, the plaintiff is entitled to the property and he required that it has got to be probated and under these circumstances, he has approached this court.

(3.) THE points that would arise for consideration before this court in this appeal are: i) Whether the first respondent/plaintiff has proved the Will? ii) Whether it could be declared as invalid document for the reasons stated by the appellant and the circumstances shown to the Court?