The propounder of a Will must satisfy the court by producing materials to remove any suspicious circumstances surrounding the execution of the Will.

1. Additional defendants 11 and 12 in a Suit for Partition are the appellants. Respondents are plaintiff and defendants 2 to 10 in the suit.

2. First respondent/plaintiff is the brother of late Krishnan Nair, who predeceased his mother, namely, Mathu Amma. Nine items of properties are included in the suit for partition. Over item No. 1 Krishnan Nair, his mother, plaintiff and another brother (Raman Nair), all of them together, obtained rights by assignment, and, later one of the brothers, Raman Nair, released his right in favour of Krishnan Nair. Krishnan Nair married Lakshmi Amma, and on his death issueless his rights in item no.1 devolved equally on his mother and Lekshmi Amma. Over the rest, item nos.2 to 9, all of which belonged to Krishnan Nair, his widow and his mother got equal rights by inheritance. On the death of Mathu Amma, mother, her 1/2 right inherited over the properties of Krishnan Nair devolved upon her legal heirs, her children, plaintiffs and defendants 2 to 4, and also the children of another son Raman Nair, who predeceased his mother, defendants 5 to 7 in the suit. Pending the suit first defendant passed away, and her legal heirs were impleaded as Defendants 8 to 10. Plaintiff claimed shares over item no.1 inclusive of the 1/4th right he had on acquisition of that property and over other items as per the shares specified and quantified in the plaint, for partition and separate possession. Second defendant remained ex parte. Defendants 1 and 3 to 7 filed a joint written statement supporting the plaint claim seeking partition of their shares, but, contending they are entitled to mesne profits from plaintiff and second defendant who are stated of appropriating the income. They also paid court fee for separate allotment in terms of their share on division of the property. Defendants 8 to 10 who were substituted as the legal heirs of the first defendant filed a joint written statement supporting the contentions of the other defendants (D1, D3 to D7).

3. Appellants, third parties, applied for their impleadment as additional defendants in the suit contending that late Lakshmi Amma had executed a Will bequeathing all her properties in their favour and two others. They were impleaded as additional defendants 11 and 12 in the suit. They resisted the suit contending that Krishnan Nair and Lakshmi Amma together had executed a joint and mutual Will Ext.B1, over the properties belonging to them except a building referred to in hat testament. In terms of such Will on the death of Krishnan Nair, survivor Lakshmi Amma became the exclusive owner of all properties belonging to Krishnan Nair. On the death of Krishnan Nair and Ext. B1 Will coming into effect, all his rights over suit properties devolved upon Lekshmi Amma, was their case. Later, Lakshmi Amma executed -Ext.X1 Will bequeathing her properties in favour of these defendants and also two others, and that Will was deposited by her in a sealed cover following the procedure thereof before the District Registrar. On her death the sealed cover was opened and her testament Ext. X1 Will, was registered. All her properties have been bequeathed under Ext. X1 Will in favour of the legatees, these defendants and two others. Only with respect to 1/4th share which Mathu Amma had in item no.1 property plaintiff and other defendants, her successors, can seek for partition, and, over the division of that item of property, that alone, in accordance with the shares of the parties, including these defendants, they have no objection. With respect to other items, all of them, plaintiff and other defendants have no right as they belonged absolutely to Lakshmi Amma, and she had made disposition of such, properties under Ext.X1 Will was the case of these defendants. Since the other two legatees in Ext.X1 Will have not been made parties to the suit these defendants contended that the suit was bad for nonjoinder of necessary parties.

4. Suit being resisted by the additional defend