JUDGMENT

Two suits were tried jointly. The leading case is O.S.No.88/1997. The connected suit is O.S.No.306/1998.

2. The leading suit is for setting aside Ext.B15 sale deed executed by the first defendant Subhadramma with respect to her properties, the plaint schedule item Nos. 1 to 3. The due execution of Ext.B15 sale deed by her is not in dispute. But the plaintiff came up with a suit for setting aside the abovesaid sale deed, Ext.B15, on the ground that it was executed against the disposition made under Ext.A4 Will in which she is one of the testators. It is the Will executed jointly by her along with her husband Ramakrishna Pillai. It was submitted that Ext.A4 Will is a reciprocal Will and as such, she would stand bound by it, wherein there is a clause that none of the testators will have the right to alter it during their life time. Hence, Ext.B15 would stand vitiated, it was argued.

3. Admittedly, Ext.B15 deed of transfer was executed and registered by Subhadramma, the first defendant, after the death of her husband Ramakrishna Pillai. Ext.A4 (Ext.B1)by its nature is only a joint Will. The clause incorporated therein that the surviving testator will not have any right to alter a