N. ANAND VENKATESH, J.

1. This intra-Court Appeal has been filed against the Judgment and Decree dated 04.01.201, passed in T.O.S.No.39/2006 wherein the learned Single Judge had dismissed the suit filed by the appellant for grant of Probate of the Will dated 05.05.1968, executed by the testatrix Tmt.Navamani Ammal.

2. The case of the Appellant:

The suit property was the absolute property of the testatrix by virtue of the Sale Deed dated 07.08.1940, executed in her favour. The testatrix and her husband had borrowed amounts from the Egmore Benefit Society for the purpose of construction of the house in the vacant land and out of the borrowed money, the entire construction consisting of a Ground Floor, First Floor and Out-house were constructed and entire family was enjoying the property. The testatrix and her husband K.M.Swaminatha Mudaliar had 8 children; 4 sons and 4 daughters. K.M.Swaminatha Mudaliar even during his life time executed a Will dated 15.08.1966 [Ex.P-10], categorically confirming that his wife Tmt.Navamani Ammal will have absolute rights to deal with the property.

2.1. Tmt.Navamani Ammal during her lifetime executed a Will dated 05.05.1968 [Ex.P-2], wherein, he