S.Jagadeesan, J.: The appeal has been filed against the judgment of the learned single Judge dated 21.7.1995 in T.O.S.No.12 of 1989. The appellant herein filed the said testamentary suit T.O.S.No.12 of 1989 for the issue of letters of administration in respect of the Will dated 26.2.1982 executed by Vasudeva Rao, the father of the appellant and the respondent. The appellant is the younger brother of the respondent. Under the Will the father had bequeathed the property in favour of the appellant alone and the said Will was a registered one. After the death of the father, the appellant filed the said testamentary suit to obtain the letters of administration.

2. The respondent herein filed a written statement stating that their father did not execute the Will and the Will produced before the Court is a fraudulent document. The father was not of sound mind during the period in which the Will is alleged to have been executed by him. He was not only in a state of unsound mind, but also physically weak. He filed the suit O.S.No.7848 of 1988 for partition before the City Civil Court, Madras and the same is pending. The findings given in O.S.No.4721 of 1983 filed by the father of the parties

Click Here to Read the rest of this document