N.V.Balasubramanian, J.

A.S.No.851 of 1989:

An interesting question of law arises in the appeal in A.S.No.851 of 1989 regarding the character of the Will left by one Palaniappa Chettiar (testator) and his wife Chinnammal @ Rangammal (testatrix) and the question is whether the Will left by them dated 26.9.1968 is a joint Will or a joint and mutual Will. The question that arises in A.S.No.606 of 1989 is whether the Will executed by Chinnammal @ Rangammal dated 27.11.1980 is a true, valid and genuine Will. Apart from the two questions in both the appeals, other points that arise are, whether the suit has been properly instituted after getting proper leave of the Court under section 92 CPC, whether the properties left by the testator and the testatrix are trust properties and whether the trust has been validly created and also other incidental questions regarding the maintainability of the appeal.

2. The brief facts of the case are as under:-

(a) The plaintiffs are the appellants in A.S.No.851 of 1989 and they have filed the appeal against the dismissal of suit in O.S.No.76 of 1981 on the file of Subordinate Judge, Gobichettipalayam. The other appeal, A.S.No.606 of 1989 is fil