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1996 Supreme(Mad) 373

GOVARDHAN
Lakshmi – Appellant
Versus
Ponnusamy – Respondent


Advocates:
V.K.Muthusami, for Appellant. A.K.Kumaraswamy, for Respondent.

Judgment :

The plaintiff is the appellant herein. The plaint averments briefly stated is as follows: The defendant is the younger brother of the plaintiff. The suit property originally belonged to their mother Chinnammal. The mother was very affectionate towards the plaintiff, even after the marriage, of the plaintiff. Chinnammal died intestate on 29. 1981 leaving behind the plaintiff and the defendant. She was unwell and was bed ridden for more than 6 months. She had no sound and disposing state of mind, and she was not able to distinguish right and wrong. In October, 1982, the defendant began to disturb the peaceful possession and enjoyment of the property of the plaintiff. The plaintiff, therefore, gave a police complaint. The defendant had informed the police that their mother has bequeathed the property in his favour by means of a registered Will and the plaintiff was not aware of it. Even if there is any such Will, it is not true, genuine and valid. The thumb impression in it is not voluntary and it is not the last testament of Chinnammal. The defendant should have obtained her thumb impression taking advantage of the mental faculty of the deceased Chinnammal. The mother has n











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