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2003 Supreme(Mad) 1742

N.DHINAKAR, A.KULASEKARAN
Dr. Shantha – Appellant
Versus
Sharada – Respondent


Advocates Appeared:For the Petitioner:Mr.R.Krishnaswamy, Advocate for Mr.C.Ramesh. For the Respondents:Mr.V.S.Subramanian, Advocate.

Judgment :-

N. Dhinakar, J.

P.Sundaramurthy died on 6.1.1981 leaving behind him a legal battle to be fought by his two daughters, Shantha and Saradha, over a Will dated 6.12.1980 and also a son by name Shankaramurthy and wife Virudambal Ammal alias Babu Ammal. The respondent in this appeal, Saradha, filed an Original Petition seeking for grant of Probate of the Will. Shantha, the appellant in this appeal, resisted the prayer and thereafter, it was converted as a plaint and numbered as T.O.S.No.20 of 1987. On the side of the respondent/ plaintiff, three witnesses were examined. The plaintiff examined herself as P.W.1 and also examined the doctor, P.W.2 as well as P.W.3, an attesting witness to Ex.P.1, the will. On the side of the appellant/defendant, she examined herself as D.W.1 as well as her husband as D.W.4. Two other witnesses were examined as D.Ws.2 and 3. The contention of the appellant/defendant before the learned Single Judge in T.O.S.No.20 of 1987 is that in view of the suspicious features surrounding the will, the probate should not be granted. According to her, the other legal heirs have been disinherited by Ex.P.1 and that the evidence of P.W.3 as regards the place of ex
















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