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1938 Supreme(Mad) 160

VARADACHARIAR
Sadachi Ammal – Appellant
Versus
Rajathi Ammal – Respondent


ORDER

Varadachariar, J.

1. These appeals arise out of the same suit and raise the same question for decision. The appellants are some of the legatees under a will (marked Ex. I) said to have been executed by one Sanjeevi Sundaram Pillai on 2nd September 1930; and the point for decision is whether the said will was executed by the deceased in a sound disposing state of mind (issue 1). Ex. I was registered at the residence of the deceased at 10 A.M. on 3rd September 1930 and the testator died after midnight of 4th September, i.e., early (2 A.M.) on 5th morning. The suit was instituted by the widow on 23rd February 1931, for a declaration that Ex. 1 was invalid and void and did not affect her rights under the Hindu law and under a prior will (Ex. B), dated 7th August 1930. As there were disputes about possession, the plaint also prayed for reliefs by way of injunction and delivery of possession (if necessary). The defendants may be divided into four groups. Defendant 1 who receives the largest benefit under Ex. I, valued at Rs. 12,100 was the divided brother of the deceased. Defendant 2 who is given about Rs. 4000 worth of property was his sister and the wife of defendant 3. Defendants











































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