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1993 Supreme(Ker) 261

VARGHESE KALLIATH, K.J.JOSEPH
Varghese – Appellant
Versus
Oommen – Respondent


Judgment :-

Varghese Kalliath, J.

These appeals are against the judgment in letters of administration proceedings, converted as a suit O.S. No.4 of 1990. The second plaintiff is the appellant in M.F.A. No. 631 of 1992 and plaintiffs 1, 3 and 4 are the appellants in M.F.A. No. 561 of 1992. In M.F.A. No. 631 of 1992, the appellant has arrayed plaintiffs Nos. 1, 3 and 4 as respondents. Similarly, in M.F.A. No. 561 of 1992, the second plaintiff is also a respondent. Both these appeals can be disposed of by a common judgment.

2. The short facts necessary for the disposal of these appeals are these: - Plaintiffs and defendants are the children of Mathai and Rahelamma. They executed their last will and testament on 14-5-1979 and got the will registered on 15-5-1979 at Aranmula Sub Registry Office. The father died on 30-8-1984 and the mother on 19-1-1980. The testator, the father and the testatrix, the mother, had seven children - six sons and one daughter. The third defendant is the only daughter. Defendants 1 and 2 and plaintiffs are the sons of the testator and the testatrix.

3. The plaintiffs submitted that the will produced is the duly executed last will of their father and mother and th




































































































































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