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2010 Supreme(Ker) 73

M.N.KRISHNAN
K. A. Varghese, Kallummoottil House – Appellant
Versus
Mariamma – Respondent


Advocates Appeared:For the Petitioners:N. Subramaniam, Advocate. For the Respondent:Siby Mathew, Advocate.

Judgment :-

M.F.A No.684/03 is preferred against the judgment in O.S.No.1 of 1989 of Additional District Court, Pathanamthitta and the other case is filed against the judgment in O.S.No.4 of 1988 of Additional District Court, Pathanamthitta. For the purpose of appreciating the case, I shall briefly refer to the facts of the case. Here the subject matter is regarding the genuineness and acceptability of the Wills. One Aleyamma, according to the case of the defendants had executed a Will Ext.B2 in the year 1964 and the plaintiff in O.S No.1/89 would contend that she had executed a Will on 8.6.1980. It is also contended that the will of 1964 is not a valid document. Plaintiff in

O.S. No. 4/88 would contend that the Will Ext.A4, alleged to have been executed in the year 1980, is a forged document and it will not have any effect. So the decision of the case would depend upon the acceptability of one of these Wills. Original plaintiff in O.S.No.4/88 is one of the sons of Aleyamma's sister by name Saramma. According to the Will, alleged to be executed in the year 1980, the entire property is to devolve upon the husband of Aleyamma namely K.C.Chacko. On the other hand as per the Will Ext.B2


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