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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM, J
P.D.PARAMESWARAN PILLAI – Appellant
Versus
T.N.RAMACHANDRAN NAIR – Respondent
| Table of Content |
|---|
| 1. partition of property based on a disputed will. (Para 1 , 2) |
| 2. opposition to partition based on alleged will. (Para 3 , 4) |
| 3. trial court's findings on the will's validity. (Para 5 , 6) |
| 4. substantial questions of law admitted for appeal. (Para 8 , 9) |
| 5. arguments for and against the validity of the will. (Para 10 , 11) |
| 6. court's examination of the evidence regarding the will. (Para 12 , 13) |
| 7. legal standards for proving a will. (Para 17 , 18) |
| 8. interpretation of section 71 of the evidence act. (Para 20 , 21) |
| 9. assessment of witness testimonies regarding the will. (Para 22 , 23) |
| 10. final ruling on the validity of the will and partition. (Para 30 , 31) |
JUDGMENT :
1. The additional defendants, 2 to 7, who are the legal heirs of the original defendant, are the appellants. Hereinafter, the original defendant is referred to as the 1st defendant. The plaintiff and the 1st defendant are the children of Ammalu Amma. The suit was for the partition of the plaint schedule property having an extent of 15 ½ cents belonged to Ammalu Amma as per Ext.A1 Gift Deed dated 29.02.1980 executed by the plaintiff. Ammalu Amma expired on 02.05.1995. The suit was filed on 16.02.2005.
2. As per
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