N. Kannadasan, J.

The appellant is the 7th respondent in O.P.No.565 of 1994 and caveator/defendant in T.O.S.No.11 of 1995 and the respondent is the petitioner in Original Petition and plaintiff in the suit.

2. The respondent has filed a petition for the grant of probate in respect of a Will executed by his father by name Arasakumar on 1.7.1987. The said petition is filed contending that his father Arasakumar has executed the Will on 1.7.1987 bequeathing the land and the Tin shed in Door No.159, Chellappa Street, Otteri, Madras-12 in favour of the wife and children of the executor's pre-deceased son Velmyil and appointing the respondent herein as executor, who shall administer the property till the minor children of the abovesaid Velmyil attained majority. It is further contended that Arasakumar has executed the Will in a sound state of mind and in the presence of witnesses.

3. The said petition was resisted by the appellant/7th respondent by filing a caveat. A written statement was filed contending that the Will was not executed by the testator, since he was 80 years old at the time of execution of the Will and not having sound mental and physical capacity to make such dep