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1972 Supreme(Mad) 408

RAMAMURTI, KRISHNASWAMY REDDY
Irudayam Ammal – Appellant
Versus
Salayath Mary – Respondent


Advocates:
R. Gopalaswami Iyangar and S. Kolandaivelu, for Appellants in 321 of 1965 and for Respondents in 562 of 1970; U. Somasundaram and S. Singaravadivelu, for Appellants in 562 of 1970 and for Respondent in 321 of 1965.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The court applied the maxim "Omnia praesumuntur contra spoliatorem," which presumes adverse inferences against a party who withholds evidence, and drew such inferences against the plaintiff for failing to produce the original Will and for suppressing evidence (!) .

  2. The court found that the original Will was in the possession of the first defendant, who did not produce it, and the plaintiff, who also did not produce the original, was considered a tool in collusion with the person in possession, leading to the adverse inference (!) (!) .

  3. The certified copy of the Will (Ex. B-4) was admissible and sufficient to prove the Will's execution, especially given the circumstances of its registration and the absence of the original due to alleged theft or concealment by the defendant in possession (!) .

  4. The evidence of the deceased attesting witnesses was accepted, and their absence was accounted for, with the court emphasizing that the evidence from witnesses who were familiar with the execution was credible and sufficient (!) .

  5. The court held that registration of the Will, coupled with other legal presumptions, supported the conclusion that the Will was validly executed by a person in a sound disposing mind (!) .

  6. The conduct of the parties, including the delay in filing the suit and the behavior of the plaintiff and her family, was considered indicative of the likelihood that the Will was genuine, as they did not assert their rights earlier and showed no inclination to challenge the Will during the lifetime of the testator or his immediate heirs (!) (!) .

  7. The court found that the testator was in a sound mental state at the time of executing the Will, based on the rationality of its contents and the absence of evidence suggesting mental impairment (!) .

  8. The appeal filed by the defendants was allowed, and the plaintiff's suit was dismissed with costs, including the recovery of court fees paid by the defendant if applicable (!) (!) .

  9. The cross-appeal filed by the plaintiff was dismissed, as it lacked substance, and the court confirmed that the plaintiff failed to prove that the assets in question were acquired through the testator’s income (!) .

  10. Overall, the decision emphasized that the evidence and circumstances supported the validity of the Will and that the adverse inferences drawn from the failure to produce the original were justified given the circumstances of concealment and the behavior of the parties involved (!) .

These points summarize the court's reasoning and final judgment concerning the validity of the Will and the related property claims.


Judgement

RAMAMURTI, J. :- Defendants 1 to 3 have preferred this appeal against the judgment and decree of the learned Subordinate Judge of Ramanathapuram decreeing, in favour of the plaintiff, partition and separate possession of one-fourth share in respect of certain items of properties set forth in Schedule A appended to the plaint as well as the claim for mesne profits from 12-3-1956. The plaintiff's suit in respect of other items in the A Schedule and in respect of the entire B Schedule properties as well as the plaintiff's claim for relief of accounting prior to 12-3-1956 have been dismissed. There is no cross-appeal in respect of the portion of the plaintiff's claim disallowed.

2. The plaintiff is the daughter of one Susai Udayar; defendants 5 and 6 are the sisters of the plaintiff, being the other daughters of Susai Udayar aforesaid. The first defendant Irudayammal is the widow of one Arokia Udayar, the son of Susai Udayar. Defendants 2, 3 and 4 are the daughters of the first defendant and Arokia Udayar aforesaid. The parties belong to Keeranur village in Ramanathapuram District and the father, Susai Udayar, left for Burma several decades ago and practically settled down ther





















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