S. Jagadeesan, J.

1. The defendant in T.O.S.4 of 1990 is the appellant herein. The appeal is against the judgment and decree dated 25.9.1995 of the learned single Judge in T.O.S.No.4 of 1990 on the file of this court. The respondent herein filed O.P.No.539 of 1989 for the issue of probate in respect of the Will executed by one M.R. Singaravelu Nayagar. Since caveat was entered by the appellant, the said O.P was converted into a suit and numbered as T.O.S.No.4 of 1990.

2. The case of the respondent is that the testator Singaravelu Nayagar executed a Will on 24.9.1976 and registered as Document No.66 of 1986 on the file of the Sub Registrar, Purasavakkam. The testator had two daughters viz., Kausalya, the appellant herein and one Saraswathi. The respondent is the eldest son of the said Saraswathi. Apart from the respondent the said Saraswathi has two more sons viz., Gopi and Manohar. The testator appointed the respondent as executor under the suit Will and as such he is entitled to get the probate.

3. Theappellant filed a written statement contending that the Will alleged to have been executed by Singaravelu Nayagar is a forged one and that the testator had executed a Wil