LODD SURENDARDAS Vs. LODD NARENDRADAS

JUDGEMENT

(1.) THE correctness of the judgment and decree of the learned single Judge granting probate of the last Will and testament of Lodd Balamukundas to the respondents herein is canvassed in this appeal.

(2.) THE respondents herein along with their mother Yashoda Bai filed a probate application before this Court in respect of the last Will and testament of Lodd Balamukundas for grant of probate. As the appellant herein filed caveat. the probate application has been converted into TOS and numbered as 25 of 1997. It is the case of the respondents/plaintiffs that the husband of the first plaintiff and the father of the second and third plaintiffs one Lodd Balamukundas executed his last Will on 02.03.1975 at Madras. One of the sons of the testator Dr.Lodd Surendradas has contested the suit by contending that the said Will was not true, valid and binding on him that the same was not executed by his father in a sound and disposing state of mind that there was no valid execution and attestation as required by law and there are several suspicious circumstances attending on the execution of the Will. THE learned single Judge, after taking into consideration the evidence adduced on the side of the plaintiffs, viz., P.Ws 1 to 3 and the documents Exs.P.1 to P.5 and taking into consideration the holography nature of the Will, has granted the relief of probate. This appeal is at the instance of the defendant challenging the grant of probate.

(3.) HEARD the learned counsel on either side and perused the materials available on record.