Joseph Thomas vs Joseph Joseph - 1999 Supreme(Ker) 565

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1999 Supreme(Ker) 565

Joseph Thomas – Appellant
Versus
Joseph Joseph – Respondent

JUDGMENT

S. Marimuthu, J.

1. This appeal has arisen against the Judgment in O.S. No. 8 of 1985 on the file of the District Court, Kottayam. First defendant is the appellant. That suit was originally filed as O.P. No. 389 of 1984 for granting letters of administration to the plaintiff under S.278 of the Indian Succession Act in respect of the suit properties. Then, it was converted into the suit.

2. According to the plaintiff (first respondent herein), one Annamma alias Achamma, mother of the plaintiff and defendants 1 to 7 and sister of the 8th and 9th defendants and grandmother of defendants 10 to 15, was the owner of the plaint A schedule property measuring 1. acre 44 cents located in Sy. No. 231/13 of Vadayar Village, Kottayam District. She executed Ext. A-1 deed on 15th August 1981 bequeathing the plaint property, 1 acre and 44 cents, in favour of the plaintiff, with direction to the plaintiff, propounder of the Will to discharge some old debts and also to pay some cash to some of the defendants. The testatrix died on 25th February 3984 at the age of 77. The first defendant, appellant herein resisted the suit on the main ground that his mother was not in a sound state of disposing