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1996 Supreme(Mad) 874

S.S.SUBRAMANI
Suguna Bai – Appellant
Versus
Muniammal @ Dhanalakshmi and Others – Respondent


Advocates:
M. Venkatachalapathy, for Appellant. S.Parthasarathy, for Respondent No.1., A.N.Sivaprakasam, for Respondent No.3.

Judgment :

Third defendant in O.S.No.270 of 1980, on the file of he subordinate Judge’s Court, Vellore, is the appellant before this Court.

2. Suit filed by the plaintiff is one for partition. The property belonged to one Chengalvaraya Chetty, who died on 15. 1979. At the time of his death, his wife was alive who has been examined in this case as D.W. 1. Defendants 3 and 4 are two daughters of the deceased. Plaintiff’s mother, who predeceased Chengalvaraya Chettiar was also one of the daughters of the deceased. In this suit, plaintiff, being the daughter of the pre-deceased daughter, claimed that she is entitled to one-fourth share in the plaint items. Before the institution of the suit, a notice was issued to the defendants, seeking partition. A reply was sent whereby they asserted that the deceased has executed a registered Will by which defendants 3 and 4 are the sole legatees. Ex.B-8 is the Will. In the plaint, it was contended that the deceased has not executed such a Will and that it is a forgery. It was further contended that assuming for argument’s sake that such a Will was signed by the diseased, it can only be due to coercion and fraud and undue influence exercised by def















































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