1. The case of plaintiff is as follows: Krishna Bai, widow of late Bharamji Rao died on 8. 1982 at Madras, possessed of the properties. While she was alive she executed a will on 11. 1982 at Madras in the presence of the attestors who have attested the same. As per the provisions of the will the petitioner is the sole legatee and beneficiary being the husband’s brother’s son and after the death of Krishna Bai the plaintiff had fallen ill and was not in a position to apply to the Hon’ble Court. Hence the suit.

2. The defendant has filed the written statement pleading thus:

It is true that Krishna Bai died at Madras on 8. 1982. Krishna Bai could not have executed the will as she was bed-ridden, ill and unconscious. She was not in a sound on state of mind prior to the date of the alleged will. Thumb impression had been obtained without the knowledge and consent of Krishna Bai, apparently when she was in unconscious state of mind. By playing fraud upon the deceased the plaintiff has brought about the will. The attestors to the will are close associates of the plaintiff. The will is not genuine nor it is valid. The deceased was getting good rental income from the properties