JUDGMENT

In a suit for partition, a testamentary succession was claimed based on Ext.B1 registered Will as that of the mother Theyamma by the defendants. The trial court by holding that the Will is genuine dismissed the suit, against which the plaintiff came up in appeal.

2. The parties are siblings. Theyamma died on

29/03/2003. The Will was registered at the house of Theyamma by summoning the Registrar by 5.20 p.m. on 09/01/2003. The propounders gave evidence as DW1 and DW5 and the attesting witnesses were examined as DW2 and DW4. Exts.A6 and A26 were produced to show the ailment of the testator. It shows that she was a chronic diabetic patient and was suffering from various ailments including ailment to her eyes during the relevant period.

3. The inconsistency and contradictory version given by two attesting witnesses and the propounders regarding the persons who were present at the time of its execution and registration causes very serio