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2006 Supreme(Ker) 43

V.RAMKUMAR
V. Velayudhan Nair – Appellant
Versus
Kallyanikutty Amma – Respondent


Judgment :-

The sole defendant in O.S. 109/1989 on the file of the Munsiff’s Court, Manjeri was the original appellant in this Second appeal. Pending this second appeal he died and his legal representatives have been impleaded as additional appellants. The said suit instituted by the respondent herein was one for a declaration of the plaintiff’s title and possession over the plaint schedule properties on the strength of Ext.A1 will executed by Velu Nair, the father of both the plaintiff and the defendant and for consequential injunction or in the alternative, for recovery of possession of the plaint schedule properties on the strength of plaintiff’s title.

2. The trial court as per judgment and decree dated 31-1-1990 dismissed the suit holding that the plaintiff had failed to prove that Ext.A1 will dated 13-10-1977 was duly executed by the plaintiff’s father deceased Velu Nair and that the plaintiff has not succeeded in dispelling the suspicious circumstances surrounding the execution and attestation of the will. On appeal by the defendant, the lower appellate court as per judgment and decree dated 29-10-1999 reversed the decree passed by the trial court and decreed the suit after h









































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