1. The Original Petition in O.P.No.419 of 2006, seeking for grant of Letters of Administration of the Will, dated 14. 1978 is converted into the Testamentary Original Suit.

2. It is an admitted fact that the plaintiff and the defendant herein are sons of S.V. Venkatasubramania Dikshithar, who died on 24. 1979. According to the plaintiff, S.V. Venkatasubramania Dikshithar executed his last Will on 14. 1978, which was registered as Document in D.No.37/78 on the file of the Sub-Registrar, Mylapore, Chennai. The testator S.V. Venkatasubramania Dikshithar left behind his wife Mrs. Parvathy Ammal, his four sons and five daughters, who have been arrayed as petitioner and respondents 1 to 8 in the above said O.P. It is also not in dispute that the first defendant, one of the sons of the testator filed a caveat, though other sons and daughters of the testator did not raise any objection. S.V. Janakiraman, son of the testator and all his five daughters have filed consent affidavit for issuance of Letters of Administration for the suit Will in favour of the plaintiff. Subsequently, on account of the caveat being filed by the defendant herein, the O.P was converted into Testamentary Original Suit in T.O.S. No.34 of 2006 and the caveator S.V. Balasubramanian is arrayed as sole defendant in the suit. According to the defendant, the Will is not a true and genuine document executed by the deceased S.V. Venkatasubramania Dikshithar

3. Considering the pleadings of both the parties, the following issues were framed by this Court:

1. Whether the registered Will, dated 14. 1978 executed by the deceased S.V. Venkatasubramanian Dikshithar on the file of the Sub-Registrar, Mylapore, Chennai is genuine, true and valid in law?

2. Whether the deceased S.V. Venkatasubramanian Dikshithar executed the registered Will, dated 14. 1978 while he was in a sound and disposing state of mind?

3. Whether the allegations made by the defendant that the above said Will was obtained by fraud and undue influence are true?

4. To what reliefs the parties are entitled to?

4. It being a Testamentary Original Suit, the plaintiff has to establish that the suit Will, dated 14. 1978 is a true and genuine document, executed by the deceased S.V. Venkatasubramania Dikshithar, while he was in a sound disposing state of mind. In order to establish the same, the plaintiff examined himself as P.W.1, apart from examining other witnesses, P.Ws.2 to 7. On the side of the plaintiff, Exhibits P-1 to P-14 were marked. The defendant examined himself as D.W.1 and Exhibits D-1 to D-5 were marked on the side of the defendant.

5. According to the plaintiff, who was examined as P.W.1, his father, S.V. Venkatasubramania Dikshithar executed Exhibit P-1, the registered Will, dated 14. 1978. It is not in dispute that S.V. Venkatasubramania Dikshithar died on 24. 1979 and his wife Parvathi Ammal subsequently died on 11. 1979. Exhibit P-2 and Exhibit P-3 are the Death Extracts of S.V. Venkatasubramania Dikshithar and Parvathi Ammal. A copy of the written statement filed by the defendant in O.S.No.1681 of 2005 on the file of the XVI Assistant Judge, City Civil Court, Chennai was marked as Exhibit P-4. In support of the case of the plaintiff, in order to establish the genuineness of the Will, all the five daughters of the testator, namely, Suseela, Kalpagam, Hemamalini, Mythili, Lalithambal and S.V. Janakiraman, one of the sons of the testator S.V. Venkatasubramania Dikshithar have filed consent affidavit, stating that the plaintiff is the sole legatee of the deceased S.V. Venkatasubramania Dikshithar under the Will. In the cross-examination, P.W.1 has stated that S.V. Venkatasubramania Dikshithar was aged about 68 years in 1978 and was in a sound disposing state of mind, while executing the Will.

6. In the Testamentary Original Suit, this Court has to consider whether the Will has been proved as a true and genuine document executed by the testator S.V. Venkatasubramania Dikshithar on 1