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1995 Supreme(Mad) 1001

S.S.SUBRAMANI
J. Venkataraman and another – Appellant
Versus
V. Mathibooshanam – Respondent


Appearing Advocates:Mr. S.V. Jayaraman, Advocate for Deendant

Judgment :-

1. This testamentary suit is filed by two plaintiffs, who are admittedly the children of late J.Nagabooshanam Ammal, who died on 8.11.1984. Apart from the plaintiffs, deceased had left the defendant V.Mathibooshanam and one Mukuntharaman also as her children. It is said that Nagabooshanam Ammal had executed a will on 7.5.1980, bequeathing properties in favour of plaintiffs. No executor has been appointed. Plaintiffs undertake to administer the property. They say that they are the universal legatees, entitled to get Letters of Administration.

2. When caveat was entered by the daughter Mathibooshanam, the petition was converted into a testamentary suit.

3. In the written statement filed by the caveator, she denied execution of any will by her mother and also put forward contentions questioning the genuineness of the will produced by the plaintiffs.

4. On the above pleadings, an issue was suggested namely, ‘whether the will dated 7.5.1980 is true, valid and genuine?

5. In this case, second plaintiff was examined as P.W.1 and thereafter defendant examined herself as D.W.1. Plaintiffs wanted an opportunity to reopen the matter, and on their application, on 22.8.1995, I passe









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