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1997 Supreme(Mad) 548

S.JAGADEESAN
Mohammed Mohideen – Appellant
Versus
Muthukumara Thevar and another – Respondent


Advocates:
R.Srinivasan, for Appellant.

Judgment :

The second plaintiff in O.S.No.552 of 1990 on the file of the District Munsif Court, Pattukottai is the appellant herein. The second respondent herein filed the said suit for declaration of his title and for consequential injunction restraining the appellant herein as well as the second respondent herein, from interfering with their peaceful possession. The trial court by its judgment and decree dated 23. 1991 has dismissed the suit. As against this decree, the appellant as well as the second respondent herein filed the appeal in A.S. No.41 of 1991 on the file of the Sub Court, Pattukottai. The lower appellate court also concurred with the findings of the trial court and dismissed the appeal. Aggrieved by the same the present second appeal has been filed by the appellant herein. Before the lower appellate court the only issue argued seems to be with regard to the genuineness of the will Ex.B-4. It is the contribution of the learned counsel appearing for the appellant that when both the attestors have died, the Will can be proved only by letting in evidence to prove the handwriting of the testator. In this case, the defendant has not let in any evidence with regard to the


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