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2007 Supreme(Ker) 364

J.B.KOSHY, K.P.BALACHANDRAN
T. T. Joseph – Appellant
Versus
K. V. Ippunny – Respondent


Judgment :-

Koshy, J.

First appellant in this appeal filed an application for Letters of Administration of Ext.A4 Will dated 10.2.1989 executed by his mother Kochumariyam making his sister and two other brothers as defendants. Appellant herein who was made as additional fourth defendant filed an objection stating that Kochumariyam has executed a Will dated 1.3.1987 in his favour and he produced a certified copy of the same as Ext.B4. It is contended that he is the son-in-law of the said Kochumariyam and she was looked after by him for many years prior to her death. Appellant's wife, first defendant, who is the sister of the propounder also filed similar objection. Since objections were filed, the application was converted as a suit. Propounder of the Will examined four witnesses including himself. All witnesses other than the plaintiff deposed against his pleadings.

2. First respondent/Plaintiff entered the box as PW1. He deposed that Ext.A4 is the Will executed by late Kochumariyam, his mother on 10.2.1989. It is a registered document No.5/89 of SRO, Andathode on 13.2.1999. By the Will, she has bequeathed whatever property she had and she may acquire subsequently to the plaintiff. A





































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