The court ruled that mere suspicion cannot invalidate a duly executed Will, emphasizing the burden of proof lies on those contesting its validity.

JUDGMENT :

(P.B. Balaji, J.)

(Prayer: The Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 30.11.2017 passed in A.S.No.13 of 2016 on the file of the Principal District and Sessions Court, Thiruvarur, confirming the judgment and decree dated 09.09.2016 made in O.S.No.62 of 2014 on the file of the Subordinate Court, Thiruvarur.)

This Second Appeal has been filed against the judgment and decree dated 30.11.2017 passed in A.S.No.13 of 2016 on the file of the Principal District and Sessions Court, Thiruvarur, confirming the judgment and decree dated 09.09.2016 made in O.S.No.62 of 2014 on the file of the Subordinate Court, Thiruvarur.

2. The unsuccessful plaintiff in a suit for declaration and permanent injunction is the appellant herein.

3. The parties are described as per their litigating status before the Trial Court.

4. The brief facts that are necessary for deciding the present Second Appeal are as follows:

According to the plaintiff, the 1st item of the suit property was owned by Sellammal, she having purchased the same, under a registered Sale Deed dated 28.05.1987. The said Sellammal had constructed a RCC house along with shed and was living in the said property with her husband Kaliyappa Nadar. In so far as suit items 2, 3 and 4 are concerned, the said properties were originally belonging to Kaliyappa Nadar, he having purchased the same, under registered Sale Deeds dated 15.05.1985, 11.09.1997 and 31.03.1992. The said Sellammal and Kaliyappa Nadar had no issues. Kailyappa Nadar died intestate on 18.12.2013 and consequently, the suit items 2, 3 and 4 came to be inherited by Sellammal, his wife, as his only legal heir. According to the plaintiff, his paternal grandmother, one Palaniammal and mother of Kaliyappa Nadar, namely Anandhammal are sisters and thus Kaliyappa Nadar was the maternal uncle of the plaintiff. The plaintiff took care of the needs of the Kaliyappa Nadar and Sellammal during their lifetime and it was only the plaintiff, who performed the last rites of Kaliyappa Nadar and Sellammal. The said Sellammal had executed a Will in favour of the plaintiff, bequeathing the suit properties to the plaintiff. On 08.03.2014, Sellammal died and the Will came into force. According to the plaintiff, the defendants did not raise any issue with regard to items 5 and 6 but raised dispute only with regard to items 1 to 4 and therefore, the plaintiff was constrained and necessitated to seek for relief of declaration and permanent injunction in respect of the suit properties.

5. The defendants filed a written statement resisting the suit claim and denying the truth and genuineness of the alleged Will of the Sellammal. It is also specifically stated that the said Sellammal was not in sound and disposing state of mind and understanding even before execution of the Will and the plaintiff has brought about the Will only to defeat the rights of the defendants. The 1st defendant claims to be an adopted child of the deceased Kaliyappa Nadar and Sellammal. The plaintiff, being only a servant, Sellammal who had five brothers and four sisters, would not have executed the Will in favour of the plaintiff. The defendants also denied the claim of the plaintiff that the plaintiff was in possession and enjoyment of the suit property and that the defendants attempted to trespass into the suit property which gave rise to the cause of action for filing the suit.

6.The Trial Court dismissed the suit disbelieving the Will executed by the Sellammal. The First Appellate Court also findings suspicious circumstances, confirmed the judgment and decree of the Trial Court.

7.Aggrieved by the concurrent findings rendered by the Courts below, the plaintiff has preferred the above Second Appeal. On 10.08.2018, the above Second Appeal was admitted by this Court on the following substantial questions of law:

“[1] Whether the Plaintiff has proved the competency of Sellammal to execute Ex.A15 will in his favour and whet