Admission of a document's execution by the parties themselves can be sufficient proof, and the failure to call an attesting witness may not be fatal if the execution is admitted.

Aggrieved by the judgment and decree dated 10.01.2006 passed by the Sub-Court, Kallakurichi in A.S.No.31 of 2004 in reversing the judgment and decree dated 211. 2003 passed by the Principal District Munsif Court in O.S.No.535 of 2001 before, Kallakurichi, the plaintiff has preferred this appeal.

2. The plaintiffs case, in short, is that he inherited the suit property from his grand father, by name, Manickam who died on 21.02.2004, through a registered Will dated 01.06.1999; the Will came into force after his death; on his behalf, his mother Ramayee is in possession and enjoyment of the property till date without any hindrance; in the Will itself, Ramayee was given power to maintain the property in question; the suit property and other properties are self-acquired properties of Manickam; the first defendant is the wife of the deceased Selvaraj, who is none other than Manickams son; since the first defendant did not give due respect to her husband and her father-in-law, Manickam himself arranged marriage for his son Selvaraj with Ramayee Ammal and the plaintiff is born out of the said wedlock; Manickam has executed a Will in favour of the second defendant, Ponnusamy, who is his other son and the plaintiffs mother by dividing the suit property into two parts; and the defendants are attempting to interfere with the peaceful possession and enjoyment of the suit property and hence, the suit for permanent injunction.

3. The defendants filed a written statement contending that it is for the plaintiff to prove the genuineness of the Will; on the date of the Will, Manickam was not in good health and consciousness and he was bed-ridden; at that time, Manickams grand daughter Ramayee Ammal created the forged Will; though Manickam was a permanent resident of Thimmalai Village, no person from the said village attested the Will and only persons from Veeracholapuram signed in the Will as attestors; the Will has been prepared at Veeracholapuram without the knowledge of anyone and it is invalid; Manickam has not executed the Will with full knowledge and he has no right to execute the Will in respect of the entire property. The defendants further case is that the family consisting of Manickam, Ponnusamy and Selvaraj has several ancestral properties; Ponnusamy has purchased the suit property as Family Manager from the income of the joint family properties; hence, the entire properties are joint family properties consisting of Manickam, Ponnusamy and Selvaraj; each one of them is entitled to 1/3 share in the joint family property; after the death of Selvaraj, his 1/3rd share devolved upon his wife Ammakannu, the first defendant; after the death of Manickam, his 1/3rd share devolved upon Ponnusamy and the first defendant equally, i.e, 1/6th share each; as such, Ammakannu is having half share in all the properties and Ponnusamy is having right over the remaining half share; Ramayee is not the second wife of Selvaraj because she was already married to one Kolanji, S/o. Samban of Thimmalai Village and no marriage took place between Selvaraj and Ramayee Ammal; moreover, minor Mani, the plaintiff herein is also not born to Selvaraj and Ramayee Ammal and hence, he has no right or title in the suit property; the plaintiff has never enjoyed any portion of the suit property; only defendants 1 and 2 are in possession and enjoyment of the suit properties; after 01.06.1999, Manickam sold some of the suit properties; since the Will dated 01.06.1999 was not executed by Manickam in a sound state of mind, he has no intention to bring the Will in force; hence he sold some properties found in the Will and as such, it cannot be construed as a valid one and the suit is liable to be dismissed.

4. The Trial Court, considering the facts and circumstances of the case and placing reliance on the deposition of D.Ws. 1 and 2, holding that the Ex.P.1, Will is a registered valid document, decreed the suit, thereby granting an order of permanent injunction to the min