The court emphasized the requirement of due execution of the Will and the preponderance of probabilities in civil cases.

1. This appeal is focussed as against the judgment and decree dated 14.03.1990 passed by the learned Subordinate Judge at Tirupathur in O.S.No.3 of 1983, which was filed by the plaintiff for declaration of her title to the suit properties and for recovery of possession of the same in addition to praying for other consequential and incidental reliefs. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

2. Tersely and briefly, niggard and bereft of details, the case of the plaintiff as stood exposited from the plaint could be portrayed thus:

The plaintiff is the widow/ legal heir of P.R.Raja Gounder who died issueless on 21.03.1982. The defendants 3 and 4 are the said Raja Gounders deceased two sisters respective husbands. The defendants 1 and 2 are their respective sons. The defendants 3 and 4 dominated the mind of Raja Gounder during his life time and he was kept under their control for a long period of time. Raja Gounder was physically and mentally weak and he has lost his discretionary power. With a view to grab the suit properties belonging to Raja Gounder, the defendants brought about a Will as though executed by the said Raja Gounder in favour of D1 and D2. The death of Raja Gounder was not even informed to the plaintiff. After his death, the defendants started setting up untenable claim over it based on an alleged Will dated 20.04.1964 executed by Raja Gounder, who could not have executed such a Will ignoring his own brothers and their sons and there was no necessity for Raja Gounder to execute such an alleged Will. Hence the suit.

3. Per contra, denying and refuting, challenging and impugning, the allegations/averments in the plaint, the first defendant filed the written statement, the warp and woof of it, would run thus:

The deceased Raja Gounder during his life time was hale and healthy and was in a sound state of mind; Out of his own free will, he voluntarily executed the registered Will dated 20.04.1964. The allegations to the contrary in the plaint are all false. The plaintiff and Raja Gounder were not in good terms; she caused lot of troubles to Raja Gounder by instituting vexatious litigations. She filed suit No.15/1943 claiming maintenance as against Raja Gounder and her entire claim was settled by paying a sum of Rs.500/-as per receipt No.61854. Even thereafter, she filed one other suit No.11/88 for maintenance and she got a decree for maintenance at Rs.75/-per month. She was in the habit of filing execution petition as against Raja Gounder. Since the defendants are legally bound to pay maintenance to the plaintiffs after the death of Raja Gounder, they called upon her to claim maintenance. But, she replied setting up untenable claims. Accordingly, he prayed for the dismissal of the suit.

4. D2 filed the written statement, more or less on the same lines as filed by D1 with the additional averments thus:

As per the Will dated 20.04.1964 executed by Raja Gounder, the "A" Scheduled property was bequeathed to D1 and "B" scheduled property was bequeathed to D2 and they respectively took possession of those properties. Raja Gounder, during his life time granted lease of land in Survey Nos.206/2A, 207 and 202/2 in favour of D4 as per registered Muchalika dated 03.03.1982. Hence D4 is in possession of those lands and cultivating the same. Accordingly, he prayed for the dismissal of the suit.

5. The trial court framed the relevant issues. During trial, on the side of the plaintiff P.Ws.1 and 2 were examined and Exs.A1 to Ex.A6 were marked. On the side of the respondents D.Ws.1 to 8 were examined and Exs.B1 to Ex.B7 were marked. Court documents Exs.C1 and C2 were marked. Ultimately, the trial Court dismissed the suit.

6. Being aggrieved by and dissatisfied with the judgment and decree of the trial Court in dismissing the original suit of the plaintiff, the appellant/plaintiff has preferred on the following grounds among others:

.(i) The