R PARTHASARATHY Vs. N MANNAMAL

JUDGEMENT

(1.) The Testamentary Suit in T.O.S.No.1 of 2016 and the Second Appeal in 359 of 2014 were tried together since the subject matter of the property in the Second Appeal in S.A.No.359 of 2014 is the subject matter of the Will, which is the main issue in T.O.S.No.1 of 2016.

(2.) The brief facts leading to the filing of the suit in T.O.S.No.1 of 2016 is as follows :

(3.) The defendant is the sister of the plaintiff. It is the contention of the defendant that there was no Will. If there had been a Will, the plaintiff would have changed the name in Property Tax and other documents. Even during the pendency of the Civil Suit, the plaintiff had not produced the original Will and taken a contrary statement in the affidavit before the appellate Court and he has taken a contrary view with regard to the Will. The reasons assigned in the petition for delay in filing Letters of Administration is contrary to the stand taken before the trial Court in the suit. It is the contention of the defendant that if there had been a Will, he would have changed his name in the properties. Therefore, the Will is nothing but a forged one.