The burden of proof lies with the propounder of the Will to prove its validity, and in the absence of proof of the earlier Will's validity, the last Will prevails.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 20.06.2011 passed in A.S. No.46 of 2010, on the file of the Principal Subordinate Judge, Thiruvannamalai, upholding the decree and judgment dated 02.08.2010 passed in O.S. No.520 of 2004, on the file of the Principal District Munsif, Thiruvannamalai.)

1. The defendants in O.S.No.520 of 2004 on the file of the Principal District Munsif Court, Thiruvannamalai, who failed in both the Courts below have filed the present second appeal. The suit was filed by the respondents/plaintiffs for a declaration of their title to the suit property and for a consequential relief of permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the suit property.

2. The suit property as described in the plaint is a land and superstructure in T.S.No.190/8 and T.S.No.190/13 of Thiruvannamalai town with specific measurements and boundaries as stated in the plaint schedule.

3. For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would also be indicated.

4. The case of the plaintiffs in nutshell is as follows:

The suit property is the self acquired property of Jayalakshmi Ammal who is the plaintiffs' father's paternal aunt. Jayalakshmi Ammal, though married, was living separately for the past 40 years. She had properties at Gudiyatam also. The plaintiffs' father Ramalingam was taking care of his paternal aunt Jayalakshmi Ammal after the death of her father and she nominated him as her legal heir in all her bank accounts. The defendants who are the sons of Jayalakshmi's brother Mugaleewaran did not bother to visit Jayalakshmi Ammal and take care of her. Inspite of that Jayalakshmi Ammal had executed a Will bequeathing her two houses at Gudiyattam in favour of the defendants. The plaintiffs' father was treated by Jayalakshmi Ammal as her adopted son. While so, Jayalakshmi Ammal executed a Will dated 23.05.2003 (Ex.A1) bequeathing the suit property in favour of the plaintiffs' father Ramalingam. During the last week of May 2003, Jayalakshmi Ammal went to Gudiyattam and died on 31.05.2003 under mysterious circumstances. Jayalakshmi Ammal before leaving for Gudiyattam informed the plaintiffs that the defendants took her to the Sub Registrar Office at Thiruvannamalai on 21.05.2003 and obtained her marks and signatures on blank papers stating that it is a consent letter for obtaining loan over some of the properties other than the suit properties which were given by her to the defendants' father. Jayalakshmi Ammal became suspicious subsequently and wanted to verify the same and left for Gudiyattam on the evening of 23.05.2003. Before leaving, she handed over the Will dated 23.05.2003 to the mother of the plaintiffs and asked her to keep it safe. In fact, the plaintiffs' father was not aware of the execution of the Will dated 23.05.2003 by Jayalakshmi Ammal in his favour. On hearing the news of the death of Jayalakshmi Ammal on 31.05.2003, the plaintiffs went to Gudiyattam along with their parents and the plaintiffs' father performed all the ceremonies as her adopted son. On the next day they came to know about the registered Will dated 21.05.2003 allegedly executed by Jayalakshmi Ammal bequeathing the suit property in favour of the defendants. It seems Jayalakshmi Ammal had informed about the Will dated 23.05.2003 (Ex.A1) in favour of her brother Ramalingam to the defendants. The defendants on knowing this manhandled her, as a result of which, she fell down and sustained a fracture on 24.05.2003. Thereafter, she became unconscious and ultimately died on 31.05.2003. Though the plaintiffs and their father wanted to inform the police on 01.06.2003, they did not do so as it was too late for them to inform the police. The Will (Ex.A1) was the last Will of late Jayalakshmi Ammal and was executed when she was in