ARIDASS Vs. SENTHAMARAI

JUDGEMENT

(1.) This second appeal has been filed challenging the concurrent findings of the courts below.

(2.) The defendants 2 to 6 in the suit O.S.No.779 of 1997 on the file of II Additional District Munsif Court at Pondicherry are the Appellants herein. The respondents are the plaintiffs in the said suit. The suit was filed for declaration and injunction. According to the plaintiffs, they are the absolute owners of the suit schedule property by virtue of a registered will dated 31.08.1995 executed in their favour by their father, Jeyaraman. However, the said will has been disputed by the defendants in the suit. According to them, the first defendant is the Maternal uncle of the plaintiffs and the second defendant is the wife of the first defendant. During the pendency of the suit, the first defendant died and defendants 3 to 6 were brought on record as the legal representatives of the deceased first defendant. According to the defendants, the plaintiffs are not legal heirs of the deceased Jayaraman who allegedly executed the will dated 31.08.1995 in favour of the plaintiffs.

(3.) Before the Trial Court, the plaintiffs have filed the following documents which were marked as Exhibits namely (a) Patta and the allotment order issued by the Director of Surveyor and Land Records, Pondicherry standing in the name of Jeyaraman dated 30.12.1983 (Ex.A1); (b) Registered Will executed by Jeyaraman in favour of the plaintiffs dated 31.08.1995 (Ex.A2); (c) Electricity Bill with payment receipts standing in the name of Jeyaraman dated 23.06.1997 (Ex.A3); (d) Water Bill with payment receipt dated 27.05.1997 standing in the name of Jeyaraman (Ex.A4); (e) Copy of the Advocate notice issued by the Plaintiffs to the first defendant dated 14.08.1997 (Ex.A5); (f) Reply notice sent by the first defendant to the plaintiffs counsel dated 03.09.1997 (Ex.A6); (g) Identity card of Jeyaraman issued by the Election Commission of India dated 12.12.1994 (Ex.A7); (h) I.D.card of Dhanalakshmi issued by the Election commission of India dated 12.12.1994 (Ex.A8); (i) I.D.card of Senthamarai issued by the Election Commission of India dated 12.12.1994 (Ex.A9); (j) I.D.card of Sumathi issued by the Election Commission of India dated 12.12.1994 (Ex.A10); I.D.Card of Ramachandran issued by the Election Commission of India dated 12.12.1994 (Ex.A11); Marriage invitation of Marriappan and Senthamarai dated 29.08.1986 (Ex.A12); Marriage invitation of Dhamodiran and Sumathi dated 15.09.1996 (Ex.A13) and I.D.Certificate dated 10.03.1999 issued by the Ministry for Agriculture, Government of Pondicherry (Ex.A14). The plaintiffs have examined two witnesses viz., Senthamarai, the first plaintiff who was examined as PW1 and Ramachandiran, the uncle of the plaintiffs who was examined as PW2. On the side of the defendants, only one document was filed namely an unregistered sale deed dated 21.05.1987 executed by Jeyaraman in favour of the second defendant, Lakshmiammal (Ex.B1) and three witnesses were examined namely Aridass @ Egambaram as DW1, Karunaharan as DW2 and Eganathan as DW3.