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1968 Supreme(Mad) 270

M.NATESAN
RM. AK. P. Kannammal Achi – Appellant
Versus
A. N. Narayanan Chettiar – Respondent


Advocates:
K. Gopalachari, for Appellants.
A. Sundaram Iyer, for Respondent.

Order:-

The substantial question that arises for consideration in this second appeal is about the genuineness and validity of the testamentary document Exhibit A-20 dated nth October, 1960, put forward as the last will and testament of one Kuppan Chettiar who died on 14th October, 1960.

The plaintiffs have filed the suit as executors appointed under the said will for rendition of accounts by the defendants of his agency of the deceased Kuppan Chettiar’s firm in Ipoh. The 1st plaintiff is the wife and the 2nd a daughter of Kuppan Chettiar and the third plaintiff is a stranger to the family. The defendant is the brother of the deceased. He questioned the capacity of the plaintiffs to institute the suit, challenging the genuineness of the will. He set up another will executed by the deceased on 13th March, 1959 at Ipoh, a copy of which is Exhibit B-5. The learned District Munsif of Devakottai accepted the genuineness and validity of Exhibit A-20 and decreed the suit for accounts for the period 27th May,. 1952 to 14th October, 1960, the date of the death of Kuppan Chettiar. On appeal by the defendant, the learned Subordinate Judge of Devakottai, while withholding the consideration of the






































































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