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2017 Supreme(Ker) 249

B.KEMAL PASHA
M. M. SREEMATHI D/O A. CHANDU NAIR – Appellant
Versus
T. V. RAJALAKSHMI D/O KALATHIL BALAKRISHNAN NAMBIAR – Respondent


Advocates Appeared:
For the Appellants : SRI. C.P. PEETHAMBARAN & SMT. MINI V.A.
For the Respondents: SRI. R. PARTHASARATHY & SRI. RAJESH V. NAIR.

JUDGMENT :

B. KEMAL PASHA, J.

1. Challenging the concurrent findings entered by the Munsiff's Court, Thalassery in O.S. No. 301 of 2000, followed by the Subordinate Judge's Court, Thalassery in A.S. No. 61 of 2006, the plaintiffs in the suit have come up with this second appeal.

2. The suit is one for recovery of an amount of Rs. 10,000/- allegedly collected by the defendant, from the District Court, Thalassery, from the Advocate Clerks' Welfare Fund Scheme, on the death of one Radhakrishnan, who was the husband of the defendant. Radhakrishnan died on 19.11.1995. According to the plaintiffs, Radhakrishnan had executed Exhibit-A1 unregistered Will on 31.10.1995 and as per Exhibit-A1 Will, Radhakrishnan had bequeathed his entire assets, both movables and immovables, including the amount to be disbursed from the Advocate Clerks' Welfare Fund Scheme also, to the plaintiffs. It is their case that the defendant had unauthorisedly and illegally collected the amount of Rs. 10,000/- disbursed on account of the death of Radhakrishnan from the Advocate Clerks' Welfare Fund Scheme.

3. The defendant strongly denied the execution of the Will. She contended that the Will is an out come of forgery and





















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