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2009 Supreme(Mad) 1957

K.RAVIRAJA PANDIAN, P.P.S.JANARTHANA RAJA
Premavathi & Others – Appellant
Versus
Sundararajan & Others – Respondent


Advocates Appeared:
For the Appellants:AR.L. Sundaresan, Senior Counsel, A.L. Gandhimathi, Advocate.
For the Respondents:T.V. Ramanujam, Senior counsel, T.V. Krishnamachari, Advocate.

Judgment :-

K. Raviraja Pandian, J.

1. O.P. No.226 of 1985 filed for issuance of letters of administration of the Will of the testatrix - Kakkammal has been converted into Testamentary Original Suit and numbered as TOS No.11 of 1987, as the husband of the testatrix questioned the genuineness, execution and attestation of the will. The will has been marked as Ex.P.1. The plaintiff Boopathy Ammal since deceased, who was the daughter of the testatrix, was the sole legatee under the will. Plaintiffs 2 to 5 are daughters of the deceased Boopathy Ammal, the legatee under the will. The 5th plaintiff Mallika – one of the daughters of the legattee got married to Balram Reddy, one of the two brothers of Boopathy Ammal, but issueless. The other brother was Booloka Reddy. Both the brothers predeceased Boopathy Ammal. Defendants 2 to 4 are the legal representatives of Boologa Reddy. The first defendant was the husband of the testatrix, who died pending suit. In the suit, Boopathy Ammal was examined on commission as P.W.1.

P.W.2 is one of the five attestors of the Will. P.W.3 is the scribe. One Jagannathan, the Village Nattamai was examined as D.W.1 on the side of the defendants. The learned sing


















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