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SATHI KUMAR SUKUMARA KURUP
Lakshmi – Appellant
Versus
Ponnusamy – Respondent
JUDGMENT
(Common Prayer: These Civil Revision Petitions had been filed under Article 227 of Constitution of India to set aside the fair and decreetal order in I.A.Nos.216 & 217 of 2020 in O.S.No.169 of 2019 on the file of the learned Subordinate Judge, Palladam dated 17.03.2020.)
1. These Civil Revision Petitions had been filed under Article 227 of Constitution of India to set aside the fair and decreetal order in I.A.Nos.216 & 217 of 2020 in O.S.No.169 of 2019 on the file of the learned Subordinate Judge, Palladam dated 17.03.2020.
2. The Suit is filed by the sister against the brother for the relief of partition. The Defendant contested the Suit, issues framed and trial commenced. The Plaintiff side let in evidence, marked evidence. After evidence of the Plaintiff was closed the Defendant side let in evidence. At that stage, Defendant No.1 in his evidence marked the Will alleged by the Defendant No.1 to have been executed by the father of the Plaintiff and the Defendant. The Will was marked on 06.02.2020. The attester to the Will was examined as D.W.2. After marking of the Will by the Defendant, the Plaintiff side had filed I.A.No.216 of 2020 in O.S.No.169 of 2019 seeking to re-open
The court established that the validity of a Will must be proven through credible witness testimony, and the burden of proof lies with the propounder to dispel any suspicions regarding its authentici....
The burden to disprove a Will lies with contesting parties after the propounder meets initial proof requirements; mere non-registration or signature comparison is insufficient to establish suspicious....
The court emphasized that the burden of proof lies on the propounder of a Will, especially when suspicious circumstances exist, necessitating clear evidence of its validity.
Point of law : Section 68 only envisages the examination of one among the two attestors to establish the execution of Will.
(1) Rejoinder – Pleadings incorporated in a rejoinder will never form part of plaint.(2) Will – Execution – Beneficiary can only prove that Will was properly executed by testator in presence of two w....
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